Over the weekend Professor Leslie Gielow Jacobs – Director, Capital Center for Law & Policy – appeared on KCRA 3 News to discuss the latest legal challenge to the Affordable Care Act. Her comments from the story are below.
On what to expect from the Appeals Court hearing the decision holding the Affordable Care Act unconstitutional:
It is my prediction that the Appeals Court will reverse his ruling and we’ll be right back where we are.”
On judging legislative intent:
What the judge was supposed to do was look at the intent of Congress and say – Well, without the individual mandate did Congress intend for the rest of the statute to stay there? – and it seems quite clear that in 2017 Congress did intend the statute to stay there because it didn’t abolish the statute itself.”
On the next step, appealing the ruling:
It’s hard for me to imagine that we won’t get a stay that puts this on hold because this is a momentous decision, it affects a lot of people, and the reason to give a stay is so the Court of Appeals has enough time to consider the matter.”
You can find the complete story by KCRA’s Max Resnik here.