Some 14th Amendment questions for law profs

July 7, 2014

The stated goal of the (misnamed) Affordable Care Act is healthcare for everyone. And to that end the law mandates that everyone buy health insurance.

But the law forced millions of us who already had individual policies to buy new ACA-approved policies whose reimbursement rates, approved by the government, are so low that the vast majority of doctors and hospitals refuse to accept the policies. (I lost all of my doctors.) So we who are stuck with these policies don’t have the same access to healthcare as most people, who are on group plans through their employers.

Why isn’t that a 14th Amendment violation?

Why wouldn’t the Equal Protection Clause apply when obeying the law results in a denial of healthcare access for a group disadvantaged against the majority not by its own doing but by distinctions of the law itself?

{ 1 comment… read it below or add one }

LukeHandCool July 9, 2014 at 8:50 pm

We knew you wouldn’t go for “separate but equal,” so we gave you “separate but unequal.” So now what are you bitching about?


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