Legal Question in Constitutional Law in Maryland

congress passes and funds the affordable care act.

The USSC invalidates an important provision of this act (regarding medical assistance.)

Without this provision the act doesn't provide the intended benefits.

so we though we bought a four legged horse & when it comes out of the tunnel it has only three legs !!!!!!

does a citizen in an opt out state who is deprived of benefits have any remedy ?

anything like this happen in the past ?


Asked on 10/04/13, 8:27 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Many laws (or combinations of laws) have been partially invalidated by the courts. When that happens, the courts consider whether the part that was unconstitutional is so central to the law that the rest of it has to fall, too. The Supreme Court did not make such a finding as to the ACA.

The parts of the ACA which the Supreme Court rejected were not as critical as you say. The Court considered and rejected your view that they were so central to the ACA that it had to be rejected completely.

So no, you don't have a remedy based on the Supreme Court's decision. And yes, things like this have happened many times in the past.

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Answered on 10/04/13, 11:04 am


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