Attacks on the new health law continue. This section tracks those attacks, provides advocates with tools to respond to it, and looks at the legal arguments.
The Supreme Court
A Closer Look: The Supreme Court's Health Care Decision explains what was at stake in the case against the Affordable Care Act, how the Supreme Court ruled, and the impact of the ruling on the law. (Families USA, August 2012)
Talking about the Affordable Care Act and the Supreme Court (Families USA, January 2012)
See Supreme Court Watch for more information and resources.
Tracking Repeal/Nullification Efforts
Resources and organizations tracking legislative and legal challenges to the health reform law.
A Guide to the Supreme Court’s Review of the 2010 Health Care Reform Law explains the issues raised by the cases pending before the Supreme Court, answers key questions about the parties’ legal arguments, and considers potential effects of the Court’s decisions. (Kaiser Family Foundation, January 2012)
Health Law and Litigation is a website that houses a comprehensive collection of helpful resources regarding the legal challenges to the Affordable Care Act, including a schedule of the remaining court cases, links to articles explaining the legal challenges and relevant precedents, and links to other efforts to interfere with the law’s implementation. (National Health Law Program (NHelP), July 2011)
State Legislation and Actions Challenging Certain Health Reforms, 2011 provides a detailed list of anti-reform efforts happening in the states. (National Conference of State Legislatures, updated July 2011)
Progressive States Network has a great collection of resources tracking progressives' work to fight repeal efforts.
National Health Law Program offers a variety of resources about legal challenges to the health reform law. The Health Reform Litigation section tracks current court cases and provides other resources to give context and supporting legal arguments on health reform.
Tools for Advocates
Resources to help advocates respond to repeal efforts in their state.
How Health Reform Helps the States is a series of short fact sheets with state-specific data showing how residents have benefitted from the Affordable Care Act so far and how they'll continue to benefit as the law is implemented. (February 2012)
Ballot Initiative Strategy Center is an excellent resource for state groups that are fighting repeal efforts in their state.
States Blocking Reform is a PowerPoint presentation developed by Lisa Codispoti of the National Women's Law Center. (revised March 2010)
Responding to Attacks
Resources to help advocates respond to misinformation about the health reform law.
To Build a Strong Affordable Care Act, Protect Medicaid explains that Medicaid is the foundation for health reform and briefly discusses the proposals that could damage Medicaid. Those working to implement health reform need to understand how threats to Medicaid could undermine their work. (September 2011)
House Republicans Propose to Slash Funding for Medicaid, Medicare, and Other Health Coverage Programs takes a closer look at how the recent budget proposal would harm seniors, children, and state economies, including state-specific numbers. (April 2011)
Efforts to Halt Health Reform: Playing Politics with Our Health counters the misinformation that is being spread by opponents of reform, particularly regarding the individual responsibility requirement, and presents the facts about their efforts to block reform. (Families USA, April 2010)
Center on Budget and Policy Priorities has a variety of resources supporting health reform and state implementation efforts.
Center for American Progress is a good resource for materials supporting the health reform law.
Legal Arguments/Context
Florida Amicus Briefs: We've summarized all of the amicus briefs that have been filed in the Florida ligtigation and link to the briefs.
Amicus Brief—Pre-Existing Conditions: Families USA and 16 other advocacy organizations have asked the U.S. District Court to dismiss the lawsuit filed by VA Attorney General Ken Cuccinelli against the Affordable Care Act—in particular, the provision requiring people to obtain insurance. In a "friend of the court," or amicus, brief, these organizations argued that the "minimum coverage provision" in the new law, which requires people to either obtain coverage or pay a penalty, is essential to protecting people with pre-existing conditions. Experience in states has shown that insurance reforms make premiums skyrocket unless they are coupled with a minimum coverage provision. (June 2010)
Amicus Brief—Small Business: Small Business Majority and the Main Street Alliance have also asked the court to dismiss the Cuccinelli lawsuit. Their brief argues that small businesses will suffer disproportionately if crucial elements of the Affordable Care Act, such as the minimum coverage provision, are overturned. (June 2010)
Requiring Individuals to Acquire Health Insurance: A Constitutional Analysis reviews the legal issues involved in the individual responsibility requirement in an even-handed manner. (Congressional Research Service, May 7, 2010)
Lawsuit Abuse, GOP Style discusses the lawsuits brought by those opposed to health reform and argues that they are not only on shaky legal ground, but they are also frivolous. (Slate, May 2010)
Can the States Nullify Health Care Reform? provides an overview of the legal and constitutional issues facing states that attempt to challenge the new law. (New England Journal of Medicine, February 2010)
National Reforms on Solid Legal Ground: Challenges from Utah Lawmakers Unlikely to Succeed responds to the most common legal challenges raised by those opposed to health reform. (Utah Health Policy Project, January 2010)
Mandatory Health Insurance: Is It Constitutional? provides a comprehensive discussion of the constitutionality of the individual mandate. (American Constitution Society for Law and Policy, December 2009)
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