Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Faculty Publications

Health Law and Policy

Health Care Reform

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Party Polarization And Judicial Review: Lessons From The Affordable Care Act, Neal Devins Oct 2012

Party Polarization And Judicial Review: Lessons From The Affordable Care Act, Neal Devins

Faculty Publications

Congress paid nearly no attention to the Constitution when enacting the Affordable Care Act (ACA) in 2010. Legislative hearings and committee reports ignored the Constitution altogether; legislative debates largely did the same. This Essay both highlights Congress’s indifference to the Constitution when enacting the ACA and examines the reasons behind this legislative failure. In particular, this Essay advances three explanations. First, Congress is generally uninterested in “public goods” like constitutional interpretation. Second, the polarization of Democrats and Republicans in Congress further depresses Congress’s interest in thinking about the Constitution; instead, the majority party seeks to limit opportunities for the minority …


Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins Mar 2012

Why Congress Did Not Think About The Constitution When Enacting The Affordable Care Act, Neal Devins

Faculty Publications

No abstract provided.


Securing Sovereign State Standing, Katherine Mims Crocker Dec 2011

Securing Sovereign State Standing, Katherine Mims Crocker

Faculty Publications

No abstract provided.


What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer Oct 2008

What Is Urban Health Policy And What's Law Got To Do With It?, Larry I. Palmer

Faculty Publications

No abstract provided.