Virginia V. Sebelius - American Nurses Association Amicus Brief,
2011
Santa Clara Law
Virginia V. Sebelius - American Nurses Association Amicus Brief, American Nurses Association
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Liberty University V. Geithner - Appelants' Reply Brief,
2011
Santa Clara Law
Liberty University V. Geithner - Appelants' Reply Brief, Liberty University
Patient Protection and Affordable Care Act Litigation
No abstract provided.
A Defense Of The Constitutionality Of The Individual Mandate,
2011
Mercer University School of Law
A Defense Of The Constitutionality Of The Individual Mandate, Erwin Chemerinsky
Mercer Law Review
Under current constitutional law, I do not think this is a close question. It is quite clear that this law is constitutional because it exercises Congress's power. Lest this be taken as the observation of a liberal law professor, Charles Fried-whom no one would call a liberal law professor, former Solicitor General in the Bush Administration-said on Fox television that he had recently been to Australia and purchased a kangaroo hat, and he would eat that hat if the Supreme Court were to declare this law unconstitutional. While I do not find a hat made out of kangaroo skins to …
Aals Hot Topic Panel Question & Answer Session,
2011
Mercer University School of Law
Aals Hot Topic Panel Question & Answer Session
Mercer Law Review
No abstract provided.
Healing Medicare Hospital Recidivism: Causes And Cures,
2011
University of Missouri - Kansas City, School of Law
Healing Medicare Hospital Recidivism: Causes And Cures, Ann Marie Marciarille
Faculty Works
The role of Medicare in our national market for acute care hospital services is that of a power buyer. Medicare beneficiaries in 2008 included some 45.2 million people. Total benefits paid in 2008 were $462 billion, including 29% of all hospital spending.2 Medicare’s dominance in the buyer’s market for acute care hospital beds renders the program particularly well-suited to scrutinize the role of acute care hospital services in producing effective and efficient outcomes for Medicare beneficiaries. "[I]f there are to be far-reaching changes in the way medicine is practiced in this country, Medicare will have to drive them." It is …
Health Care Reform, The Spending Clause, And Dole's Restrictions,
2011
Mercer University School of Law
Health Care Reform, The Spending Clause, And Dole's Restrictions, David G. Oedel
Mercer Law Review
I am here to discuss a constitutional problem with the Health Care Reform Act" that so far has gotten little attention and that has not yet been discussed by our other panelists. The question is whether the federal government's expansion of Medicaid is a coercive exercise of federal power in violation of the Spending Clause of the United States Constitution." This is one of the two main arguments being pressed by the twenty states87 in the Florida litigation challenging the constitutionality of health care reform." It is an argument that I think you're likely to hear more of in the …
Turning Citizens Into Subjects: Why The Health Insurance Mandate Is Unconstitutional,
2011
Mercer University School of Law
Turning Citizens Into Subjects: Why The Health Insurance Mandate Is Unconstitutional, Randy E. Barnett
Mercer Law Review
In 2010 something happened in this country that has never happened before: Congress required that every person enter into a contractual relationship with a private company. I realize that writers make lots of factual claims that readers are wise to be skeptical about. I can prove, however, that an economic mandate like this one is unprecedented. If this mandate had ever happened before, everyone reading this passage would know all the contracts the federal government requires them to make, upon pain of a penalty enforced by the Internal Revenue Service (IRS). No reader, however, can recite any such mandate and …
Introduction Of Speakers At The Aals Hot Topic Panel Discussion On January 7, 2011,
2011
Mercer University School of Law
Introduction Of Speakers At The Aals Hot Topic Panel Discussion On January 7, 2011, Brad Joondeph
Mercer Law Review
There are currently about twenty cases being litigated in the lower federal courts that challenge-in some way, shape, or form-the constitutionality of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, also affectionately known as the ACA or "Obamacare." Thus far, three district courts have dispositively ruled on the merits of the constitutional challenges: one from the Western District of Virginia, one from the Eastern District of Virginia, and one from the Eastern District of Michigan. So we now have three cases that are essentially in the courts of appeals. …
Crossing The Constitutional Line In Spending From Persuasion To Compulsion: A Reply To Gillian Metzger,
2011
Mercer University School of Law
Crossing The Constitutional Line In Spending From Persuasion To Compulsion: A Reply To Gillian Metzger, David G. Oedel
Mercer Law Review
In her remarks at the 2011 Annual Meeting of the Association of American Law Schools (AALS), Professor Gillian Metzger of Columbia University Law School offered an interesting critique of the Spending Clause claim now being pursued by a majority of the states in the United States in the constitutional challenge to health care reform. The states claim that the changes to Medicaid are beyond the power of Congress to effect constitutionally under the Spending Clause of the United States Constitution because the changes are coercive and also violate the "general restrictions" identified by the Supreme Court of the United States …
Defense Of The Constitutionality Of Health Care Reform,
2011
Mercer University School of Law
Defense Of The Constitutionality Of Health Care Reform, Gillian Metzger
Mercer Law Review
Along with the others, I want to thank David for organizing this panel. The great advantage of going last is that the terms of the debate over the Affordable Care Act's constitutionality have been established by the other panelists. As a result, I am going to target my remarks on a few key points, rather than walk through a full dress review of some of the arguments. Like the others, my focus is on existing doctrine. I completely agree with Dean Chemerinsky in thinking that the Supreme Court is not going to change the key parameters of existing analysis, but …
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The Individual Mandate, Sovereignty, And The Ends Of Good Government: A Reply To Professor Randy Barnett, Patrick Mckinley Brennan
Working Paper Series
Randy Barnett has recently argued that the individual mandate is unconstitutional because it is an improper regulation under the Necessary and Proper Clause (in conjunction with the Commerce Clause) because it improperly "commandeers" the people and thereby violates their sovereignty. In this paper, I counter that the argument from sovereignty is unavailing because it is, among other defects, hopelessly ambiguous. The variety of historically attested meanings of "sovereignty" renders the concept useless for purposes of answering questions of comparative authority, including the authority of the Congress to mandate that individuals purchase health insurance from a private market. There is no …
Virginia V. Sebelius - U.S. Brief For Appellant,
2011
Santa Clara Law
Virginia V. Sebelius - U.S. Brief For Appellant, U.S. Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Seven-Sky V. Holder - District Court Opinion,
2011
Santa Clara Law
Seven-Sky V. Holder - District Court Opinion, United States District Court For The District Of Columbia
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Liberty University V. Geithner - U.S. Brief For Appellees,
2011
Secretary of the Treasury
Liberty University V. Geithner - U.S. Brief For Appellees, Timothy Geithner
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Virginia's Petition For Writ Of Certiorari,
2011
Santa Clara Law
Virginia V. Sebelius - Virginia's Petition For Writ Of Certiorari, Commonwealth Of Virginia
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Baldwin V. Sebelius - Appellants' Petition For En Banc Review,
2011
Pacific Justice Institute
Baldwin V. Sebelius - Appellants' Petition For En Banc Review, Steve Baldwin
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - American Association Of People With Disabilities Amicus Brief,
2011
Santa Clara Law
Virginia V. Sebelius - American Association Of People With Disabilities Amicus Brief, American Association Of People With Disabilities
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Federal Health Care Reform: What’S Happening And Where Are We Going?,
2011
University at Buffalo School of Law
Federal Health Care Reform: What’S Happening And Where Are We Going?, Anthony H. Szczygiel
Other Scholarship
No abstract provided.
Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes,
2011
Dalhousie University - Schulich School of Law
Bad News About Bad News: The Disclosure Of Risks To Insurability In Research Consent Processes, Victoria Smith Apold, Jocelyn Downie
Articles, Book Chapters, & Popular Press
One of the phenomena associated with research is “incidental findings,” that is, unexpected findings made during the research, and outside the scope of the research, which have potential health importance. One underappreciated risk of incidental findings is the potential loss of the research subject's insurability; or if a research subject fails to disclose incidental findings when applying for insurance, the insurance contract may be voidable by the insurer. In this article, we seek to explain the insurability risks associated with incidental findings and to make recommendations for how researchers and research ethics committees should address the issue of disclosure of …
Virginia V. Sebelius - Scheduling Order,
2011
Santa Clara Law
Virginia V. Sebelius - Scheduling Order, United States Court Of Appeals For The Fourth Circuit
Patient Protection and Affordable Care Act Litigation
No abstract provided.
