segunda-feira, 21 de março de 2011

Legal English: Health Care Reform - Review Exercise (FLA v. US DHHS)

Florida v. US DHHS ________ the constitutionality of an Act of congress. It ________ by the Attorneys General and/or Governors of twenty-six states, two private citizens, and the National Federation of Independent Business. At issue is whether that federal law falls ________ or without the________ powers ________ to the federal government by the constitution.

grant – challenge – within – enumerated - bring

The plaintiffs ________ that the “individual mandate” ________ in Section 1501 of the Act, which requires that everyone ________ federally-approved health insurance, or pay a ________ penalty, violates the Commerce Clause, the ________ of the Constitution Congress relied on in passing the law.

set forth – provision – purchase – monetary – allege

The plaintiffs also challenge the Act ________ that it ________ the Medicaid program to include individuals under the age of 65 with ________ up to 133% of the federal poverty level, and that it ________ the states responsible for the actual provision of health services ________.

amend – to the extent – render – incomes – thereunder

They ________ that the law violates the Spending Clause and principles of federalism protected ________ the Ninth and Tenth Amendments. The plaintiffs ________ a ________ judgment that the act is unconstitutional and an ________ against its ________.

injunction – declaratory – under – seek – enforcement – claim

While the ________ dispute numerous facts, both sides have filed ________ for summary judgment, seeming to agree that the dispute ultimately ________ pure issues of law. The Judge ________ a lengthy hearing and oral argument, and numerous organizations and individuals ________ leave to file amicus curiae ________ (sixteen total) in support of the arguments and ________ at issue.

motions – come down to – hold – briefs – parties – claims – grant

The states ________ that they cannot afford the new Medicaid costs and ________ imposed by the Act, and that it violates the constitutional spending principles ________ in South Dakota v. Dole, 483 U.S. 203, 107 S. Ct. 2793, 97 L. Ed. 2d 171 (1987), and in other cases. The Judge ________ that the Act plainly ________ the first three of Dole’s spending restrictions, as well as the fourth as long as there is no other required ________ that would be independently unconstitutional. Thus, the only real issue, as framed in the ________, is whether the Medicaid provisions are ________ coercive and effectively ________ the states. (the coercion theory)

activity – burdens – impermissibly – set forth – meet – pleadings – argue – find – commandeer

A ________ of the legal ________ revealed that there was “very little support for the plaintiffs’ coercion theory argument” as every single federal Court of Appeals ________ to consider the issue has ________ the coercion theory as a ________ claim.

rejected – survey – landscape – viable – called upon

It is apparent that existing case law is ________ to support the state plaintiffs’ coercion claim. In short, while the plaintiffs’ coercion theory claim was ________ enough to survive ________, upon full consideration of the ________ law and the Constitutional principles involved, and ________of the numerous disputed facts ________ to above, the Judge concludes that this claim cannot succeed and that the defendants are ________ to judgment as a matter of law.

in light – plausible – relevant – dismissal – entitled – inadequate – alluded

For the individual mandate claim, the plaintiffs ________ that it exceeds Congress’ power ________ the Commerce Clause. To date, three district courts ________ on this issue on the ________. Two ________ that the individual mandate is a proper ________ of the commerce power.

exercise – merits – under – rule – contend – hold

At issue here, as in the other cases decided so far, is the ________ that the Commerce Clause can only reach individuals and entities ________ in an “activity”; and because the plaintiffs ________ that an individual’s ________ to purchase health insurance is, almost by definition, “inactivity,” the individual mandate ________beyond the Commere Clause and is unconstitutional.

engaged – assertion – failure – go – maintain

The defendants ________ that activity is not required before Congress can ________ its Commerce Clause power, but that, even if it is required, not having insurance ________ activity. The defendants also ________ that the individual mandate is ________ for the “second reason” that it falls________ the Necessary and Proper Clause.7

constitute – within – exercise – contend – sustainable – claim

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