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45 U. Mich. J. L. Reform Online 1 (2012)

handle is hein.journals/caveat45 and id is 1 raw text is: UNIVERSITY OF MICHIGAN J OURNAL of LAW REFORM ONLINE COMMENT THE TANGLED THICKET OF HEALTH CARE REFORM: THE JUDICIAL SYSTEM IN ACTION Gene Magidenko* On March 23, 2010, after a lengthy political debate on health care reform, President Barack Obama signed the Patient Protection and Affordable Care Act (PPACA) into law. A week later, he signed the Health Care and Education Reconciliation Act of 2010, which amended certain provisions of PPACA. But far from ending the intense national debate on the issue, these enactments opened a new front of battle in the federal courts that will almost certainly make its way to the United States Supreme Court. Much of this litigation focuses on § 1501 of PPACA, which contains the controversial individual mandate' requiring every individual to maintain minimum essential coverage (with certain exceptions). This is an interesting time to be a student of the law. Courts are issuing a steady stream of rulings on the individual mandate. For those following the debate in the courts, the challenges to the mandate present an opportunity to see constitutional jurisprudence in action. What is perhaps most remarkable is how quickly these cases have moved through the courts. As of this writing, five federal Courts of Appeals have already reviewed challenges to the mandate in one form or another. Two have ruled substantively on the underlying merits of the cases. A number of federal District Courts have also issued opinions. * I would like to thank Professor Douglas A. Kahn, University of Michigan Law School, for his valuable suggestions and comments on this post. Any errors or omissions are exclusively my own. 1. Codified under 26 U.S.C.A. § 5000A. 1

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