《奥巴马医改法案》的宪法争端——聚焦医改法中的“强制医保”条款

The Constitutional Disputes on Obamacare:Focus on the Individual Mandate Clause

奥巴马上台后全力推动美国医改方案出台,然而"惠民"政策却遭遇如潮官司,数州起诉医改法违宪,官司一直打到最高法院。强制医保条款是诉讼的焦点,辩护双方围绕该条款合宪问题产生巨大分歧,最高法院的判决最后认定了该条款的合宪性,但这又是个非常巧妙的判决,本文将重点考察强制条款之争,揭示该条款产生宪法争议的实质。

President Obama pushed the health care reform since he came to the power, however the benefited policy encountered the tide lawsuits. Several states sued health reform law unconstitutional,the case was handed in to the Supreme Court eventually.The individual mandate clause is the focus, both sides have substantial difference on constitutional problems around the provision,the final decision by the Supreme Court affirmed the constitutionality of this provision, while the decision is very ingenious.This article is fouse on the disputes on the individual mandate and light on the nature of the constitutional disputes caused by this provision.