Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
December 5, 2012: Is Abortion Next?, Bruce Ledewitz
December 5, 2012: Is Abortion Next?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Abortion Next?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
November 27, 2012: A Compromise On The Contraception Mandate?, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Compromise on the Contraception Mandate?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 24, 2012: Abortion And Rape, Bruce Ledewitz
August 24, 2012: Abortion And Rape, Bruce Ledewitz
Hallowed Secularism
Blog post, “Abortion and Rape“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April 20, 2012: Back To The Bishops, Bruce Ledewitz
April 20, 2012: Back To The Bishops, Bruce Ledewitz
Hallowed Secularism
Blog post, “Back to the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
March 11, 2012: Are Any Other Pro-Life People Outraged And Embarrassed?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Any Other Pro-Life People Outraged and Embarrassed?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Health Care And The Illegal Immigrant, Patrick J. Glen
Health Care And The Illegal Immigrant, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
The question of whether illegal immigrants should be entitled to some form of health coverage in the United States sits at the uneasy intersection of two contentious debates: health reform and immigration reform. Befitting this place, the rhetoric surrounding the issue has been exponentially heightened by the multiplying effects of combining two vitriolic debates. On one side, it is argued that the United States has a moral obligation to provide health care to all those within its borders needing such assistance. On the other, it is argued with equal force that those illegally present in this country should not be …
Affordable Care Act Litigation: The Standing Paradox, Elizabeth Weeks Leonard
Affordable Care Act Litigation: The Standing Paradox, Elizabeth Weeks Leonard
Scholarly Works
The Patient Protection and Affordable Care Act (ACA) litigation presents a standing paradox. In the current posture, it appears that states lack standing to challenge the federal law on behalf of individuals, while individuals possess standing to challenge the federal law on behalf of states. This Article contends that there is no principled reason for this asymmetry and argues that standing doctrine should apply as liberally to states as individuals, assuming states allege the constitutional minimum requirements for standing and especially where the legal challenge turns on allocation of power between the federal government and states. The Article proceeds by …
Obligatory Health, Noa Ben-Asher
Obligatory Health, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
The Supreme Court will soon rule on the constitutionality of the Patient Protection and Affordable Care Act passed in March 2010. Courts thus far are divided on the question whether Congress had authority under the Commerce Clause to impose the Act's "Individual Mandate" to purchase health insurance. At this moment, the public and legal debate can benefit from a clearer understanding of the underlying rights claims. This Article offers two principal contributions. First, the Article argues that, while the constitutional question technically turns on the interpretation of congressional power under the Commerce Clause, underlying these debates is a tension between …