Law Commons^™

The Anti-Injunction Act And The Individual Mandate, Steve R. Johnson

Scholarly Publications

The Supreme Court will soon consider challenges to constitutionality of the so-called individual mandate portion of the Patient Protection and Affordable Care Act of 2010 (PPACA). It is important for the nation that the Court render a decision on the merits. This could be derailed, however, were the Court to dispose of the case by holding that the Anti-Injunction Act (AIA) and the Declaratory Judgment Act (DJA) preclude pre-enforcement review. Disposition on those grounds would subject the federal government, states, businesses, and individuals to years of additional uncertainty, inconvenience, and expense.

Fortunately, that threat to resolution on the merits can …

Federalizing Medicaid, Nicole Huberfeld

Law Faculty Scholarly Articles

This Article is one of only a small number of proposals over the past forty-six years for federalizing Medicaid. None of these proposals has grappled directly with the reasons that Medicaid does not satisfy federalism goals, and thus a key reason for modernizing Medicaid’s structure has been ignored. Despite being an area of “traditional state concern,” healthcare should no longer be left to the economic and political whims of the states, as Medicaid is not an effective Brandeisian “laboratory of the states.” Admittedly, some would oppose centralization on the ideological grounds that more federal government power is bad, and more …

Seven-Sky V. Holder - Dc Circuit Opinion, United States Court Of Appeals For The District Of Columbia Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Federalism Under Obama, Gillian E. Metzger

William & Mary Law Review

No abstract provided.

Is It Time To Shed A "Tier" For Four-Tier Prescription Drug Formularies? Specialty Drug Tiers May Violate Hipaa's Anti-Discrimination Provisions And Statutory Goals, Joseph J. Hylak-Reinholtz, Jay R. Naftzger

Northern Illinois University Law Review

This Article will analyze whether specialty drug tiers violate HIPAA. This is a question of first impression—no federal or state court decision provides an answer. Part II of this Article provides relevant background material. We begin with a discussion about the development of prescription drug coverage in the United States and the emergence of drug tiers as a cost-saving mechanism. In Part III of this Article, we begin with an historical overview of accepted discrimination and risk classification within insurance. Next, we discuss HIPAA's statutory language, legislative history, and key parts of the Final Rule implementing the law. We also …

You Can Say That Again!: A Way Out Of The Compelled Commercial Speech Conundrum, Dayna B. Royal

Dayna B. Royal

In the last decade the Supreme Court has modified the compelled-speech and commercial-speech doctrines by creating a hybrid of the two—compelled-commercial speech. This nascent doctrine leaves unanswered serious questions about how it coexists with other doctrines in the First Amendment landscape.

This paper proposes a principled means to resolve these questions by drawing on an innovative behavioral-science theory called Cultural Cognition to provide a system for categorizing forced commercial-speech regulations. By establishing which test applies to determine whether regulations violate the First Amendment, this framework should help bring consistency and predictability into a murky area of First Amendment law.

Kinder V. Geithner - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Commonwealth Of Massachusetts Amicus Brief, Martha Coakley

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - American Nurses Association Amicus Brief, American Nurses Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Constitutional Law Professors Amicus Brief, Jack M. Balkin, Gillian E. Metzger, Trevor W. Morrison

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Law Professors Amicus Brief, Barry Friedman, Matthew Adler

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Seiu And Change To Win Amicus Brief, Service Employees International Union, Change To Win

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Economic Scholars Amicus Brief, David Cutler

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - States' Amicus Brief, Kamala D. Harris

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Baldwin V. Sebelius - Ninth Circuit Opinion, United States Court Of Appeals For The Ninth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Appellees Brief, Timothy Geithner

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Florida V. Hhs - Circuit Court Opinion, United States Court Of Appeals For The Eleventh Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

New Jersey Physicians V. President Of The United States - Third Circuit Opinion, United States Court Of Appeals For The Third Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Thomas More Law Center V. Obama - Petition For Writ Of Certiorari, Thomas More Law Center

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Seven-Sky V. Holder - Reply Brief Of Plaintiffs, American Center For Law & Justice

Patient Protection and Affordable Care Act Litigation

No abstract provided.

U.S. Citizens Ass'n V. Sebelius - Appellants' Reply Brief, U.S. Citizens Association

Patient Protection and Affordable Care Act Litigation

No abstract provided.

U.S. Citizens Ass'n V. Sebelius - Brief Of United States, Kathleen Sebelius

Patient Protection and Affordable Care Act Litigation

No abstract provided.

U.S. Citizens Ass'n V. Sebelius - District Court's Final Judgment On Count 1, United States District Court For The Northern District Of Ohio

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Thomas More Law Center V. Obama - Sixth Circuit Opinion, United States Court Of Appeals For The Sixth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Seven-Sky V. Holder - Brief Of United States, Eric Holder

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Kinder V. Geithner - Brief Of Appellants, Peter Kinder

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Dead On Arrival: The Health Insurance Industry's Bleak Prognosis Due To Unconstitutional Ratemaking In The Patient Protection And Affordable Care Act, Rebecca J. Kopps

Northern Illinois University Law Review

The public discussion surrounding health care reform thus far has centered around how the newly enacted law will affect consumers. Yet, the law most profoundly affects the health insurance industry, whose interests have largely been ignored. While the enactment of the Patient Protection and Affordable Care Act was viewed as a triumph for the Obama Administration, it casts a much darker shadow on the future of the health insurance industry that it regulates. Through provisions requiring minimum covered benefits, rate justifications, limits on selecting eligible enrollees, and most notably, an excessively high minimum medical loss ratio, this law involves substantial …

Virginia V. Sebelius - Virginia Supplemental Brief, Commonwealth Of Virginia

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Virginia V. Sebelius - Supplemental Brief, United States Court Of Appeals For The Fourth Circuit

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Liberty University V. Geithner - Appelants' Supplemental Brief, Liberty University

Patient Protection and Affordable Care Act Litigation

No abstract provided.