Not being an attorney nor a constitutional scholar, I don’t have any special insights on the court cases surrounding the Patient Protection and Affordable Care Act or what is known popularly as ‘Obamacare.’ Even so, I found today’s opinion piece in the Wall Street Journal titled “Why ObamaCare is Losing in the Courts” quite interesting. Granted, it’s written by the attorneys representing the 26 states that files suit against the law, so keep that in mind as you read it.
A basic argument the authors are making is that the Supreme Court would have to ignore 220 years of case law “…to concede that our federal system is in fact not one of divided authority between federal and state governments, but one in which the states merely act as Washington’s administrative enforcers. There is every reason to believe the court would never entertain such a notion.”
The problem for business, of course, is to figure out what this means for your business and employees. Since implementation is still several years away and the focus by proponents and opponents is in the legal arena, I’ve been unable to find a good planning guide for business on how implement the law. In the meantime, I recommend you stay in contact with your insurance provider for the latest updates. As the issue works through the courts, the Chamber will provide periodic updates.