A Catastrophic Error: The Misrepresentation of the ACA's Individual Mandate in the Supreme Court
For those who've noted that, contra the 3/27 oral arguments in the Supreme Court on the constitutionality of the individual mandate in the Affordable Care Act, the ACA does in fact offer various catastrophic coverage options, an index of coverage of this issue, here and elsewhere. The first, out of sequence, is the most comprehensive statement of the plaintiffs' misrepresentation of the mandate. The rest are in chronological order, by category.
Misrepresentation of the mandate in the Supreme Court: Why it still matters (5/10)
A postscript about the ACA's Basic Health Plan option for states (8/13)
What about state-imposed individual mandates? (6/24)Three possible surprise rulings on the Affordable Care Act (6/15)Late pleadings for the ACA (5/31)The bogus economic basis of the case against the mandate (5/29)Ask whom the mandate tolls (5/23) Don Taylor envisions a distant healthcare compromise; might Kennedy impose something like it next month? (5/16) Attention, Justices Kennedy, Roberts et al: Read the young people's brief (5/5) A plea for one more pleading (4/29)
Kaiser weighs in: the ACA offers catastrophic coverage to all comers (4/27 Another 'limiting principle' to the individual mandate: states can opt out (4/23)
Jonathan Cohn tells the justices: the ACA has catastrophic coverage options (4/20)
Michael Carvin misrepresented the mandate in oral argument (4/12)
The ACA offers catastrophic coverage: the AP notices (4/10)
Marty Lederman concurs: the individual mandate could be trimmed, not killed (4/5)
Go tell the justices: the ACA has a catastrophic coverage option (3/31, updated 4/2)
On the mandate more broadly
The individual mandate is a piece of Cake (4/25)
Verrilli's limiting principles (4/24)
If only Verrilli had said (A, B, C) (3/31)
Verrilli, slapped silly, recovers willy-nilly (3/28)
External links
The morality tale that could sink the ACA (xpostfactoid in the Atlantic, 6/22)
Patient cost-sharing under the Affordable Care Act (Kaiser Family Foundation. 4/27)
Will the justices make a catastrophic error? (Jonathan Cohn, 4/19)
Policy ignorance at the Supreme Court (Steve Benen, Maddow blog, 4/16)
Supreme Court misunderstanding on health overhaul? (AP's Ricardo Alonso-Salvidar, 4/10)
The bounded, minimalist way to uphold the ACA (Marty Lederman at Balkinization, 4/2)
Ragbatz on the catastrophic coverage options in the ACA - a healthcare attorney picks up the plaintiff's con in real time ( 3/28)