Freedom Minute: Episode 34 episode artwork

EPISODE · Apr 8, 2012 · 5 MIN

Freedom Minute: Episode 34

from FPP Freedom Minute · host FPP Freedom Minute

In the case of Florida vs DHHS; the Supreme Court and will answer the following questions: 1. Does Congress exceed its enumerated powers and violate basic principles of federalism when it coerces States into accepting onerous conditions that it could not impose directly by threatening to withhold all federal funding under the single largest grant-in-aid program, or does the limitation on Congress's spending power that this Court recognized in South Dakota v. Dole, 483 U.S. 203 (1987), no longer apply? 2. May Congress treat States no differently from any other employer when imposing invasive mandates as to the manner in which they provide their own employees with insurance coverage, as suggested by Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), or has Garcia's approach been overtaken by subsequent cases in which this Court has explicitly recognized judicially enforceable limits on Congress's power to interfere with state sovereignty? 3. Does the Affordable Care Act's mandate that virtually every individual obtain health insurance exceed Congress's enumerated powers and, if so, to what extent (if any) can the mandate be severed from the remainder of the Act? The court will essentially provide one of three decisions with the following outcomes.

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Freedom Minute: Episode 34

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