The National Federation of Independent Business and 26 states have issued their written briefs responding to the Obama Administration's defense of the Patient Protection and Affordable Care Act (PPACA), arguing that the provision requiring individuals to buy health insurance or pay a penalty is unconstitutional.
The provision will go into effect in 2014 if upheld. Opponents of the PPACA contend that the federal government's constitutional authority to regulate interstate commerce does not extend to issuing such a requirement for citizens, while the PPACA's defenders have stated that the economic impact of healthcare and a crisis in the market mean that direct intervention is necessary.
Those against the law also argue that the other provisions are linked to the individual mandate, and its unconstitutional nature invalidates the law as a whole. The Supreme Court will consider those two issues separately.
If the law as a whole is struck down, health insurance employee benefits are likely to be impacted by the lack of healthcare exchanges mandated under the PPACA, which are meant to ease shopping for policies by both individuals and businesses. Insurance rates could also be lowered with higher enrollment if the PPACA remains in effect.
