WSU constitutional law expert discusses same-sex marriage and Affordable Health Care Act
Robert Sedler, Wayne State University distinguished professor of law and constitutional law expert talked about the U.S. Supreme Court's ruling on same-sex marriage and the Affordable Care Act (ACA) during the Warren Pierce Show. Sedler explained that the Justice Kennedy opinion found the ban on marriage for same-sex persons unconstitutional, because the fundamental right of marriage included same-sex couples and the ban on marriage for same-sex couples violated equal protection. Sedler added that the sharp disagreement between the majority and the dissent is over the role of the Court in interpreting constitutional guarantees in light of changes in American society. The majority favors a strong judicial role in deciding when there is a constitutional violation of individual rights while the dissent maintains that the judicial role is very limited. The Affordable Care Act decision, according to Sedler, involves interpretation of the provisions of the ACA dealing with subsidies on the individual insurance market. While a provision in the ACA refers to subsidies on exchanges established by a state, the intent of Congress looking to the law as a whole in context, is that subsidies should be available for all persons using the exchanges to purchase insurance on the individual insurance market. Therefore, the ACA is interpreted as including insurance purchases on the federal exchange as well as on state exchange.