Document Type

Article

Abstract

This amicus brief was filed before the Supreme Court in the Medicaid Expansion portion of the Affordable Care Act (ACA) litigation on behalf of the Leadership Conference on Civil and Human Rights and other national organizations concerned with the international human rights implications of the ACA litigation, particularly with regard to race discrimination. The brief first argues that the international context of the ACA is relevant to the Court's consideration of the law's constitutionality, noting the many times when Court has taken international law into account in rendering decisions. The brief then chronicles the occasions on which international bodies and U.N. experts reviewing U.S. treaty compliance have noted extreme concern over racial disparities in access to health care in the U.S. Since the ACA's enactment, the U.S. government has responded to these critics by citing the ACA to demonstrate U.S. progress toward meeting its international human rights treaty obligations and ensuring equal access to health care regardless of race. The brief further argues that Congress intended the Medicaid Expansion Provision of the ACA to help alleviate racial disparities in health care access, consistent with these international obligations.

Date of Authorship for this Version

1-1-2012

Keywords

Medicaid, Health care reform, Health insurance, Medicaid Expansion Provision, Health Law, Human Rights Law, International Law

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