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Academic Commentary
24 Jul 2014
by Victor Sanchez Williams of Catholic University of America Columbus School of Law

JURIST Guest Columnist Victor Sanchez Williams of the Catholic University of America Columbus School of Law discusses the constitutionality of the debt limit statute and why it needs to be eliminated ... Partisan conflict has brought our nation to the brink of catastrophic debt default three times since 2011. Markets … [read more]


Features
20 Jul 2013

On the day President Obama signed the legislation into law, several lawsuits were filed in federal courts nationwide challenging its constitutionality. These lawsuits raised many different arguments, but the central claims underlying all of the cases are enumerated below under Major Legal Arguments. Virginia was one of the first states … [read more]


Legal News
12 Jul 2013
by Jaclyn Belczyk

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Thursday upheld [official website] Congress' authority to require larger employers to provide adequate health insurance for their employees or pay a fine. In a challenge by Liberty University, the Fourth Circuit found that the plaintiffs failed to … [read more]


Legal News
30 Dec 2012
by Addison Morris

[JURIST] The Seventh Circuit Court of Appeals [official website] on Friday temporarily enjoined [opinion, PDF] the enforcement of the Patient Protection and Affordable Care Act's (PPACA) [text; JURIST backgrounder] contraceptives coverage mandate for an Illinois construction company. The company, owned by a Roman Catholic couple, claim that the mandate "substantially … [read more]


Legal News
27 Dec 2012
by Sarah Posner

[JURIST] US Supreme Court [official website] Justice Sonia Sotomayor on Wednesday denied [opinion, PDF] Hobby Lobby, Inc.'s [corporate website] application for injunction which would have prevented enforcement of the provision in the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder] mandating that companies provide employees with coverage for … [read more]


Legal News
27 Nov 2012
by Julia Zebley

[JURIST] The US Supreme Court [official website] on Monday remanded [order list, PDF] Liberty University v. Geithner [docket; JURIST report] to the US Court of Appeals for the Fourth Circuit [official website]. The court ordered the lower court to re-consider the case in light of National Federation of Independent Business … [read more]


Legal News
1 Nov 2012
by Brandon Gatto

[JURIST] The US Department of Justice (DOJ) on Wednesday told the US Supreme Court [official websites] that it does not object [brief, PDF] to reopening a Christian university's challenge to the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder] in the US Court of Appeals for the Fourth … [read more]


Legal News
2 Oct 2012
by Julia Zebley

[JURIST] The US Supreme Court [official website] opened its 2012 term on Monday with the release of an order list [PDF] dealing with a number of petitions for certiorari and granting orders in some cases that they have not yet decided to hear. Notably, the court ordered a response petition … [read more]


Academic Commentary
19 Dec 2011

JURIST Guest Columnist Victor Williams of The Catholic University of America Columbus School of Law says that President Obama should ignore pro forma sessions of Congress and exercise his constitutional authority to make recess appointments in order to overcome the obstructionism that has left countless federal positions open...Over the past … [read more]


Legal News
29 Sep 2011
by Erin Bock

[JURIST] Both the US Department of Justice (DOJ) [official website] and a group of 26 states filed petitions with the US Supreme Court [official website] Wednesday seeking a ruling on the constitutionality of the Patient Protection and Affordable Care Act (PPACA) [HR 3590 text; JURIST backgrounder]. The petitions for certiorari … [read more]


Legal News
27 Sep 2011
by Alexandra Malatesta

[JURIST] The Obama administration on Monday declined to seek en banc review by the full US Court of Appeals for the Eleventh Circuit [official websites] of its August decision striking down the individual mandate provision [JURIST report] of the health care reform law [JURIST backgrounder], clearing the path for an … [read more]


Legal News
14 Sep 2011
by Ashley Hileman

[JURIST] A judge for the US District Court for the Middle District of Pennsylvania [official website] ruled [opinion, PDF] Tuesday that a provision of the Patient Protection and Affordable Care Act (PPACA) [HR 3590 text; JURIST backgrounder] requiring individuals to purchase health insurance is unconstitutional. The challenge was brought by … [read more]


Legal News
9 Sep 2011
by Sarah Posner

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Thursday dismissed two lawsuits challenging the constitutionality of the new Patient Protection and Affordable Care Act (PPACA) [HR 3590 text; JURIST backgrounder]. In Virginia v. Sebelius [opinion, PDF], the court held that Virginia lacked standing to sue … [read more]


Student Commentary
5 Jul 2011

Nicholas Battaglia, Albany Law School Class of 2012, is an intern in the school's Health Law Clinic. He argues that the partisan affiliations of the judges coupled with strong legal arguments will result in more successes for the government in the health care litigation...The constitutionality of the Patient Protection and … [read more]


Legal News
3 Jun 2011
by Julia Zebley

[JURIST] The US Court of Appeals for the Fourth Circuit [official website] decided Thursday there is no conflict with the Anti-Injunction Act (AIA) [text] and that it can rule on two challenges to the health care reform [text; JURIST news archive]. Last week, the court requested briefs from all parties … [read more]


Legal News
10 May 2011
by Hillary Stemple

[JURIST] A three-judge panel of the US Court of Appeals for the Fourth Circuit [official website] on Tuesday heard oral arguments [court schedule, PDF] on the constitutionality of the health care reform law [HR 3590 text; JURIST news archive] in two cases challenging the law. Commonwealth of Virginia v. Sebelius … [read more]


Legal News
22 Apr 2011
by Dan Taglioli

[JURIST] A judge for the US District Court for the District of New Jersey [official website] on Wednesday rejected [opinion text] a lawsuit challenging the constitutionality of the 2010 Patient Protection and Affordable Care Act (PPACA) [HR 3590 materials; JURIST news archive]. Judge Freda Wolfson dismissed the lawsuit, brought without … [read more]


Legal News
20 Dec 2010
by Jaclyn Belczyk

[JURIST] The American Civil Liberties Union (ACLU) and the Center for Constitutional Rights (CCR) [advocacy websites] on Friday dropped a lawsuit [notice of dismissal, PDF] challenging the US government's Specially Designated Global Terrorist (SDGT) licensing scheme after the government changed the policy. The groups announced in August that they would … [read more]


Legal News
1 Dec 2010
by LaToya Sawyer

[JURIST] A judge for the US District Court for the Western District of Virginia [official website] on Tuesday dismissed [opinion, PDF] a lawsuit challenging a provision of the health care reform law [HR 3590 text; JURIST news archive] requiring all individuals to maintain health insurance. The lawsuit, filed by Liberty … [read more]


Legal News
2 Oct 2010
by Sarah Paulsworth

[JURIST] The US Financial Stability Oversight Council (FSOC) [offical website] convened [press release] for the first time on Friday and approved a number of documents related to its duties under the Dodd-Frank Wall Street Reform and Consumer Protection Act [text, PDF]. The FSOC, which operates within the US Department of … [read more]

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