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Manifestor_of_Light

(21,046 posts) Thu Jul 24, 2014, 08:55 PM Jul 2014

Legal Question about ACA.

I have a question: If you live in one of the 36 states who have not set up state exchanges, could you possibly sue the state for not giving you equal protection of the laws, under the 14th Amendment? Since you don't have a state exchange and are not getting the same breaks that people in the 14 other states have?

Or privileges and immunities clause?

Thank you.

3 replies

= new reply since forum marked as read

Highlight:

Legal Question about ACA. (Original Post) Manifestor_of_Light Jul 2014 OP

Unlikely, the ACA gave states the right to set up an exchange but didn't require them to do so. PoliticAverse Jul 2014 #1

I'm wondering Manifestor_of_Light Jul 2014 #2

States already vary widely on SheilaT Jul 2014 #3

PoliticAverse

(26,366 posts)

1. Unlikely, the ACA gave states the right to set up an exchange but didn't require them to do so.

Reply to Manifestor_of_Light (Original post)

Thu Jul 24, 2014, 09:10 PM

Jul 2014

You are making an argument that the ACA itself is unconstitutional.

Manifestor_of_Light

(21,046 posts)

2. I'm wondering

Reply to Manifestor_of_Light (Original post)

Thu Jul 24, 2014, 09:17 PM

Jul 2014

if there is any difference in treatment of people in the two different kinds of states. That would be the gravamen or substance of the argument. So is there?

SheilaT

(23,156 posts)

3. States already vary widely on

Reply to Manifestor_of_Light (Original post)

Thu Jul 24, 2014, 09:41 PM

Jul 2014

their Medicaid provisions, and I don't believe it's considered possible to use the 14th Amendment that way. States do retain certain rights and privileges, and allowing their residents to have crappy or no medical care (or schools, for that matter) is entirely a state privilege.

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