Recently in Health Care Reform Category

Understanding the Health Care Reform Litigation
February 16, 2012
JURIST Guest Columnist Sallie Sanford of the University of Washington School of Law says that to understand the ongoing health care reform litigation, it is important to keep certain points in mind, and provides an in-depth preview to the issues to be argued, what they might mean and several resources to be aware of...The party and amicus briefs are stacking up in advance of the five-and-a-half hours of oral argument on the constitutionality of the Patient Protection and Affordable Care Act (ACA) to be held March 26-28. The following provides an overview of this historic constitutional challenge. I have expressed my views in previous JURIST articles about the constitutionality of the Affordable Care Act, and have joined the health law....  [more]

Health Care in the Eleventh Circuit: A Doomed Concept of Federalism
September 18, 2011
JURIST Guest Columnist Steven Schwinn of the John Marshall Law School in Chicago says that the Eleventh Circuit ignored the text, history and jurisprudence of the Constitution in its recent health care ruling, which will likely not be adopted by the Supreme Court given recent rulings on congressional Commerce Clause authority... Some will go to any length, it seems, to read their activist views into our Constitution. If an idiosyncratic view is not supported by the text, they search for it in our history. If it is not supported by text or history, they turn to novel interpretations of precedent. And if it is not supported by text, history or precedent, they seem perfectly willing to weave it out of....  [more]

Health Care and the Attempted Redefinition of Federalism
July 15, 2011
JURIST Guest Columnist Steven Schwinn of The John Marshall Law School in Chicago says that the health care litigation has provided a forum for novel Tenth Amendment and federalism claims, which were properly ignored by the Sixth Circuit in its recent ruling upholding the individual health care mandate...The recent ruling by the US Court of Appeals for the Sixth Circuit in Thomas More Law Center v. Obama garnered a lot of attention for what it said about congressional authority. The holding, that Congress has authority under the Commerce Clause to require the purchase of health insurance notwithstanding the activity, inactivity distinction advocated by the plaintiffs, was the right one. The opinions by Judge Boyce Martin and Judge Jeffrey Sutton explain....  [more]

The Impact of a 'Middle-Management' Health Care Ruling
July 05, 2011
JURIST Guest Columnist Sallie Sanford of the University of Washington School of Law says that the opinion upholding health care reform by Judge Sutton, a self-described "middle-management judge," will prove influential in other circuits and beyond due to his conservative status and well-crafted opinion... Just in time for Fourth of July holiday reading and less than a month after it heard oral arguments, the US Court of Appeals for the Sixth Circuit issued a path-breaking decision upholding federal health care reform. Congress has the constitutional authority under the Commerce Clause, a majority of the three-judge panel held, to mandate that most citizens have health insurance or pay a penalty. As Judge Jeffrey Sutton wrote in the Thomas More Law Center....  [more]

Regulating Inactivity: A Radical Constitutional Departure
July 01, 2011
JURIST Guest Columnist Ilya Somin of George Mason School of Law says that the recent appellate court decision finding the individual mandate constitutional undermines federalism, misconstrues the boundaries of congressional authority, and lays the groundwork for limitless federal mandates... This week, the US Court of Appeals for the Sixth Circuit ruled that the individual mandate of federal health care reform is constitutional. This is undeniably a setback for mandate opponents. The mandate requires nearly all Americans to purchase government-approved health insurance by 2014. Opponents of the law, including twenty-eight state governments and numerous private groups, have filed a variety of cases challenging its constitutionality. The Sixth Circuit was the first of several federal appellate courts to reach a decision in....  [more]

Health Care in the Sixth Circuit: A Devastatingly Convincing Decision
June 30, 2011
JURIST Guest Columnist Charles Fried of Harvard Law School says that the recent appellate court ruling finding the individual mandate constitutional gave the law's opponents their full due in a careful and thoughtful manner, but went on to properly dismiss their arguments... Recently, the US Court of Appeals for the Sixth Circuit upheld the individual mandate provision of the health care reform legislation. Although the opinion of the court was written by Judge Boyce Martin, Judge Jeffrey Sutton's concurrence provides the controlling rationale. Judge Sutton's opinion in the case is a remarkably thorough, balanced and thoughtful opinion. It gives the objectors to the mandate their full due. It does what serious jurists should but too often do not do: consider....  [more]

Why the Individual Health Care Mandate is Unconstitutional
May 04, 2011
JURIST Guest Columnist Ilya Somin of George Mason School of Law says the lawsuits challenging the constitutionality of the Affordable Care Act are far from frivolous. They deserve to prevail and have a real chance of doing so... Twenty-eight states and several private groups have now filed lawsuits challenging the constitutionality of the of the Obama health care plan. One of the cases was filed by twenty-six state governments and the National Federation of Independent Business in a federal court in Florida. Another was initiated by the Commonwealth of Virginia in a federal court in that state. Numerous other suits have been filed by a variety of private groups. When the first of these suits began a year ago, many....  [more]

Is Health Care Reform Constitutional?
April 21, 2010
JURIST Guest Columnist Sallie Sanford of the University of Washington School of Law says that although challenges to the constitutionality of the Patient Protection and Affordable Care Act are valuable for inspiring dialogue within and outside the legal community, they are unlikely to succeed in the face of decades of Supreme Court case law.... The ink had barely dried on the president's signature when the lawsuits commenced. Three lawsuits filed in federal court now challenge the constitutionality of key provisions in the new health care reform law. If a court does reach the merits in these lawsuits, it will almost certainly uphold the constitutionality of the Patient Protection and Affordable Care Act. Under existing case law, Congress has appropriate authority....  [more]

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