Lawyers e-Journal

Thursday, Jun. 28, 2012
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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.

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