Lawyers e-Journal
Thursday, Jun. 28, 2012
News from the courts
U.S. Supreme Court upholds Affordable Care Act in a 5-4 decision; SJC rules in Eaton vs. Federal National Mortgage Association
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U.S. Supreme Court upholds
Affordable Care Act
in a 5-4 decision
The U.S. Supreme Court today upheld the constitutionality of the
entire Affordable Care Act in a 5-4 decision. Under the law,
individuals who fail to obtain insurance will be required to pay a
tax penalty, beginning in 2014. Click
here view the opinion.
An amicus
brief co-authored by Massachusetts Bar Association Health Law
Section member Lorianne Sainsbury-Wong was mentioned in the U.S.
Supreme Court's landmark health care decision on page 73 of the
opinion by Associate Justice Ruth Bader Ginsburg. The brief, which
argued that the Affordable Care Act is constitutional was filed
before the U.S. Supreme Court on behalf of several Massachusetts
organizations -- including Sainsbury-Wong's employer, Health Law
Advocates in Boston. Ginsburg quoted the brief in a section that
argued that Congressional intervention was necessary because states
that have undertaken their own health care reform would otherwise
be at an economic disadvantage.
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SJC rules in Eaton vs.
Federal National Mortgage Association
The Massachusetts Supreme Judicial Court recently ruled in
Eaton vs. Federal National Mortgage Association that a
lender must have proper paperwork (promissory note and mortgage) to
foreclose on a home, but that the ruling is not retroactive.
Click
here to view the slip opinion.