LAW 5021 Lecture Notes - Lecture 11: Fifth Amendment To The United States Constitution, Strict Scrutiny, Patient Protection And Affordable Care Act
23 Feb 2017
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Obamacare guarantees basic coverage, and premiums could rise dramatically for everyone, 3) a monetary penalty is needed to incentivize inoculation and to raise revenue to combat the pandemic. They argue that individuals have a right to refuse care. They also believe states should be free of this kind of federal control. This is a temporary measure that shall expire once congress passes legislation to address the pandemic. From obamacare case: collected by irs, this penalty is not a criminal penalty, price is not significant (capped amount, people have a choice- unlike bailey. Unlike obamacare case, the price here is significant, especially if a person has dependents, and people here do not have choice- similarly to bailey. This is not tax, this is a fine. Test from bailey: congress would be perfectly happy if they raised zero dollars revenue. Congress can argue that the situation is similar to steward machine- there is a national need to intervene.
