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PPACA

Why the Courts Must Presume that Economic Legislation is Constitutional

April 6, 2012

In yesterday's post I cited abundant authority in support of the principle that the courts must defer to the judgment of Congress in reviewing the constitutionality of economic legislation. Decisions under the Due Process, Equal Protection Clause, Spending Clause, and Commerce Clause all reveal the same idea, that the courts lack the power to second-guess [...]

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Oral Argument on the Individual Mandate: Justice Kennedy's Questions

March 27, 2012

In this post I set forth all of the questions that Justice Kennedy asked the three attorneys at oral argument today in the health care case. Evaluate for yourself which way this "swing justice" is tending.

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2011-2012 Supreme Court Term: Oral Argument by Amicus Curiae on the Anti-Injunction Act

March 26, 2012

The Supreme Court heard oral argument today on the issue of whether the Anti-Injunction Act applies to the individual mandate of the Affordable Care Act.  The transcript of oral argument is available here.  The bottom line is that it looks like the Supreme Court will proceed to the merits and decide whether the individual mandate [...]

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Health Insurers' Position on the Individual Mandate

March 20, 2012

In the debate over the constitutionality of the federal health care reform law, health insurance companies have maintained a low profile.  The individual mandate was their idea; they wish that the mandate was stronger than it is; and now they are signalling that if the individual mandate is struck down by the Supreme Court, they [...]

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Health Care Briefs: Which Side Are You On?, continued. Et tu, Chamber of Commerce?

March 13, 2012

The amicus brief filed by the United States Chamber of Commerce on the issue of severability actually presents a highly persuasive argument in support of the constitutionality of the individual mandate in the Affordable Care Act.

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Mary Brown, Lead Plaintiff in Health Care Case, Files for Bankruptcy In Part Because of Health Care Bills

March 10, 2012

Mary Brown, a lead plaintiff in the challenge against mandated health insurance, has filed for bankruptcy in part because of her husband's unpaid health care bills.  See Annie-Rose Strasser,  ThinkProgress, Lead Plaintiff In Health Care Reform Suit Files For Bankruptcy With Medical Debt.  There is also some question as to whether she is uninsured or [...]

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Health Care Financing Reform (136): The Constitutional Issues

October 19, 2011

This post summarizes the constitutional issues that the Supreme Court will have to determine in addressing the constitutionality of the individual mandate contained in the 2010 federal health care law.

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Health Care Financing Reform (135): The Status of Constitutional Litigation on the Affordable Care Act

October 18, 2011

Six district courts and three circuit courts of appeal have ruled on the constituitonality of the Patient Protection and Affordable Care Act.  So far, the results are evenly divided.

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Health Care Financing Reform (134): Judge Graham's Opinion in Obama v. Thomas More Law Center

June 30, 2011

Here is a summary of Judge Graham's dissenting opinion from the decision of the Sixth Circuit in Obama v. Thomas More Law Center.  Judge Graham would strike down the individual mandate of the PPACA as unconstitutional.

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Health Care Financing Reform (133): Judge Sutton's Separate Concurring Opinion in Obama v. Thomas More Law Center

June 30, 2011

Judge Jeffrey Sutton concurred in the judgment of the Sixth Circuit that the Patient Protection and Affordable Care Act is constitutional on its face.  However, he did not join Judge Martin's opinion upholding the law, and he left open the door to future as-applied challenges to the individual mandate.

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Health Care Financing Reform (130): Oral Argument Before the Sixth Circuit in Thomas More Law Center v. Obama

June 2, 2011

The Sixth Circuit heard oral argument in Thomas More Law Center v. Obama yesterday on the constitutionality of the Patient Protection and Affordable Care Act. 

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Robert J. Samuelson in Support of Means-Testing for Medicare and Social Security

May 17, 2011

Robert J. Samuelson, economist and columnist for the Washington Post, contends The elderly are better off than advertised, and that wealthy persons should receive lower Social Security benefits and pay higher premiums for Medicare.

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