Perdón, Perdón - HA-ASH Primera Fila - Hecho Realidad [En Vivo]
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Citation: 132 S.Ct. 2566 567 U. S. ____ (2012) 1SCALIA, KENNEDY, THOMAS, and ALITO, JJ., dissenting
JUSTICE SCALIA, JUSTICE KENNEDY, JUSTICE THOMAS
And JUSTICE ALITO, dissenting
Congress has set out to remedy the problem that the best health care is beyond the reach of many Americans who cannot afford it. It can assuredly do that, by exercising the powers accorded to it under the Constitution. The question in this case, however, is whether the complex structures and provisions of the Patient Protection and Affordable Care Act (Affordable Care Act or ACA) go beyond those powers. We conclude that they do
This case is in one respect difficult: it presents two questions of first impression. The first of those is whether failure to engage in economic activity (the purchase of health insurance) is subject to regulation under the Commerce Clause. Failure to act does result in an effect on commerce, and hence might be said to come under this Court's "affecting commerce" criterion of Commerce Clause jurisprudence. But in none of its decisions has this Court extended the Clause that far. The second question is whether the congressional power to tax and spend, U.S. Const., Art. I,
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