Virginia V. Sebelius - Barry Friedman Amicus Brief,
2011
New York University School of Law
Virginia V. Sebelius - Barry Friedman Amicus Brief, Barry Friedman
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Professors Of Federal Jurisdiction Amicus Brief,
2011
UC Irvine Law
Virginia V. Sebelius - Professors Of Federal Jurisdiction Amicus Brief, Erwin Chemerinsky, Janet Cooper Alexander
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Governor Of Washington Amicus Brief,
2011
State of Washington
Virginia V. Sebelius - Governor Of Washington Amicus Brief, Christine Gregoire
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - National Women's Law Center Amicus Brief,
2011
Santa Clara Law
Virginia V. Sebelius - National Women's Law Center Amicus Brief, National Women's Law Center
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Commonwealth Of Massachusetts Amicus Brief,
2011
Santa Clara Law
Virginia V. Sebelius - Commonwealth Of Massachusetts Amicus Brief, Commonwealth Of Massachusetts
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Service Employees International Union,
2011
Santa Clara Law
Virginia V. Sebelius - Service Employees International Union, Service Employees International Union
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Kevin Walsh Amicus Brief,
2011
University of Richmond School of Law
Virginia V. Sebelius - Kevin Walsh Amicus Brief, Kevin Walsh
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Virginia Organizing Amicus Brief,
2011
Santa Clara Law
Virginia V. Sebelius - Virginia Organizing Amicus Brief, Virginia Organizing
Patient Protection and Affordable Care Act Litigation
No abstract provided.
U.S. Citizens Ass'n V. Sebelius - Plaintiffs' Motion To Clarify Or Reconsider,
2011
Santa Clara Law
U.S. Citizens Ass'n V. Sebelius - Plaintiffs' Motion To Clarify Or Reconsider, U.S. Citizens Association
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Young Invincibles Amicus Brief,
2011
Santa Clara Law
Virginia V. Sebelius - Young Invincibles Amicus Brief, Young Invincibles
Patient Protection and Affordable Care Act Litigation
No abstract provided.
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 …
