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Supreme Court Fallout

President Obama’s comments that the Supreme Court would not overturn PPACA drew harsh rebukes from many and forced the White House to backtrack.

Obama stated that the Court would not take an “unprecedented, extraordinary step” by overturning the law and argued it would be “judicial activism.” Critics accused him of bullying the Court and said the President was challenging whether the judicial branch should be overturning such laws.

Obama and Attorney General Eric Holder later clarified and said that, of course, the Court has the right to rule laws unconstitutional but defended the statements by saying that PPACA is within the bounds of the commerce clause and constitutional.

At the same time, analysis and predictions about what the Court will do continue to dominate the press. Supporters say certain positive remarks from Chief Justice John Roberts and Justice Anthony Kennedy buoy their view that PPACA will be upheld. At the same time, opponents harp on other remarks to point to an ultimate striking of the entire law.

It is fair to conclude that three conservative justices and four liberal justices will be on opposite sides, with Roberts and Kennedy deciding the law’s fate. If they both support PPACA, the ruling is 6-3 in favor. If they both oppose, the ruling is 5-4 against. If they split, all or parts of the law are upheld 5-4.

Marc Ryan

Marc S. Ryan serves as MedHOK’s Chief Strategy and Compliance Officer. During his career, Marc has served a number of health plans in executive-level regulatory, compliance, business development, and operations roles. He has launched and operated plans with Medicare, Medicaid, Commercial and Exchange lines of business. Marc was the Secretary of Policy and Management and State Budget Director of Connecticut, where he oversaw all aspects of state budgeting and management. In this role, Marc created the state’s Medicaid and SCHIP managed care programs and oversaw its state employee and retiree health plans. He also created the state’s long-term care continuum program. Marc was nominated by then HHS Secretary Tommy Thompson to serve on a panel of state program experts to advise CMS on aspects of Medicare Part D implementation. He also was nominated by Florida’s Medicaid Secretary to serve on the state’s Medicaid Reform advisory panel.

Marc graduated cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University with a Bachelor of Science in Foreign Service. He received a Master of Public Administration, specializing in local government management and managed healthcare, from the University of New Haven. He was inducted into Sigma Beta Delta, a national honor society for business, management, and administration.

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