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Academic Commentary
26 Nov 2015
by Glenn C. Smith of California Western School of Law
edited by Dave Rodkey

JURIST Guest Columnist Glenn C. Smith of the California Western School of Law discusses the latest challenge to the Affordable Care Act...All petitions to have a lower-court ruling reviewed by the US Supreme Court are long shots. Still, the recently-filed petition for certiorari in Sissel v. DHHS [PDF] — contending … [read more]


Academic Commentary
17 Nov 2015
by Dwight Duncan of University of Massachusetts School of Law
edited by Dave Rodkey

JURIST Guest Columnist Dwight Duncan of the University of Massachusetts School of Law discusses the latest challenge to the Affordable Care Act...In 2012 Chief Justice John Roberts surprised the country with his creative jurisprudence in upholding the constitutionality of the Affordable Care Act (ACA) [PDF]. He joined the four conservative … [read more]


Legal News
7 Nov 2015
by Bradley McAllister

[JURIST] The US Supreme Court [official website] on Friday granted [order, PDF] certiorari in seven cases where petitioners, religious non-profit institutions, challenge aspects of the birth control mandate under the health care reform laws in the US [JURIST feature]. The seven cases will be consolidated for oral argument, which is … [read more]


Legal News
20 Jun 2015
by Ashley Hogan

[JURIST] New records released [press release] by the Center for Public Integrity (CPI) [official website] Wednesday revealed a confidential legal battle over Medicare over-billing that spanned three years between government officials and UnitedHealth Group [official website]. The dispute centered on a 2012 audit obtained through the Freedom of Information Act … [read more]


Legal News
15 Apr 2015
by Ashley Hogan

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Tuesday dismissed [opinion, PDF] a lawsuit that challenged the fairness of the Patient Protection and Affordable Care Act (ACA) [text, PDF] for allowing members of Congress and their staffs to receive subsidies for their health insurance. US … [read more]


Legal News
11 Apr 2015
by Taylor Brailey

[JURIST] The US Court of Appeals for the Eighth Circuit [official website] on Friday ruled [opinion, PDF] against portions of a Missouri law [text, PDF] which required those providing health plan advice to obtain a license from the state, concluding that the licensing portions of the state law are pre-empted … [read more]


Legal News
4 Mar 2015
by Julie Deisher-Edwards

[JURIST] The US Supreme Court [official website] on Wednesday heard oral arguments [transcript, PDF] for King v. Burwell [docket]. The court is asked to rule on whether the Internal Revenue Service (IRS) [official website] may adopt regulations to extend tax-credit subsidies to coverage purchased through the federal health insurance exchange … [read more]


Legal News
27 Jan 2015
by Laura DeGeer

[JURIST] The state of Ohio [official website], along with several universities, filed a lawsuit [complaint, PDF; press release] in the US District Court for the Southern District of Ohio [official website] Monday challenging taxes imposed on the state through the federal Patient Protection and Affordable Care Act (ACA) [text, PDF]. … [read more]


Legal News
12 Jan 2015
by Jacqueline Jones

[JURIST] The US Supreme Court [official website] on Monday declined [order list, PDF] to hear another challenge to the Patient Protection and Affordable Care Act (ACA) [text, PDF]. The court rejected an appeal [text, PDF] by the Association of American Physicians and Surgeons and the Alliance for Natural Health USA … [read more]


Legal News
8 Jan 2015
by Jacqueline Jones

[JURIST] A White House [official website] spokesperson said Wednesday that US President Barack Obama would veto proposed legislation [statement, PDF] that would reinstate the 40-hour work week requirement for employer health care coverage. The Patient Protection and Affordable Care Act (ACA) [text, PDF] reduced the original 40-hour work week requirement … [read more]


Legal News
21 Nov 2014
by Taylor Brailey

[JURIST] The US House of Representatives [official website] filed a lawsuit [complaint, PDF] against the Department of Health and Human Services [official website] and the Department of Treasury [official website] on Friday for the departments' alleged abuse of their executive powers through conduct promoting the Patient Protection and Affordable Care … [read more]


Legal News
15 Nov 2014
by Julie Deisher-Edwards

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Friday ruled [opinion, PDF] that religious non-profit groups' rights were not violated when required to certify that they are opting out of the contraception mandate [JURIST backgrounder], a provision of the Patient Protection and Affordable … [read more]


Legal News
7 Nov 2014
by Jaclyn Belczyk

The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in King v. Burwell [docket; cert. petition, PDF] to rule on health care subsidies under the Patient Protection and Affordable Care Act (ACA) [text, PDF]. Section 36B of the Internal Revenue Code [text] authorizes federal tax credit … [read more]


Legal News
1 Oct 2014
by William Helbling

[JURIST] A U.S. District judge for the US District Court for the Eastern District of Oklahoma [official website] on Tuesday struck down [order] federal tax subsidies under the Patient Protection and Affordable Care Act (PPACA) [text, PDF]. Judge Ronald White found that the Internal Revenue Service rule, which provides subsidies … [read more]


Legal News
22 Sep 2014
by Dominic Yobbi

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Friday ruled [order, PDF] that plaintiffs did not have standing to sue in a lawsuit challenging the delay of the Patient Protection and Affordable Care Act's (PPACA) [text] employer mandate. The plaintiffs, the Association of American Physicians … [read more]


Legal News
4 Sep 2014
by Elizabeth LaForgia

[JURIST] The US Circuit Court of Appeals for the District of Columbia Circuit [official website] on Thursday threw out a July judgment that ruled subsidies that help individuals purchase insurance through the federal exchanges are illegal. The court granted an Obama administration request to have its full panel of judges … [read more]


Legal News
31 Jul 2014
by Elizabeth LaForgia

[JURIST] The US House of Representatives [official website] passed a resolution on Wednesday authorizing Speaker of the House John Boehner [official website] to move ahead with a lawsuit which would challenge President Barack Obama's [official website] 2013 decision to waive the federal healthcare law's employer mandate without Congress's consent. The … [read more]


Legal News
24 Jul 2014
by Bradley McAllister

[JURIST] Two federal appeals courts in the US issued conflicting rulings within hours of one another on Tuesday, as the federal court system continues to grapple with the legal ramifications of the Patient Protection and Affordable Care Act (PPACA) [tex, PDF]. The most recent legal debate with the PPACA surrounds … [read more]


Legal News
22 Jul 2014
by Jaclyn Belczyk

[JURIST] Two separate federal appeals court reached opposite conclusions Tuesday on subsidies for individuals who sign up for health insurance through the federal government's marketplace. The US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] that such subsidies are only available through state-run exchanges, … [read more]


Legal News
11 Jul 2014
by Bradley McAllister

[JURIST] US Senators Patty Murray (D-WA) and Mark Udall (D-CO) [official websites] on Wednesday introduced [official press release] a bill [text, PDF] that would require for-profit businesses to supply full contraceptive coverage guaranteed by the Affordable Care Act, notwithstanding conflicting religious beliefs related to birth control. The bill is titled … [read more]

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