Affordable Care Act

/Tag: Affordable Care Act
5 Jun, 2012

Unprecedented and Unbounded: The Wily Paul Clement

2012-06-05T15:50:11-05:00June 5th, 2012|Tags: , , , |

While reading my first-year Constitutional Law textbook, I noticed a line that made me pause mid-sip from a cup of coffee. I reread the line written by Chief Justice John Roberts, and I stopped, again. No, can’t be. The line comes from a 2007 case called United Haulers Ass’n, Inc. v. Oneida-Herkimer Solid Waste Management [...]

29 Mar, 2012

The Legal Writing Pro Dissects the Solicitor General’s Brief in the Affordable Care Act Case

2012-03-29T22:26:25-05:00March 29th, 2012|Tags: , , |

The Legal Writing Pro, Ross Guberman, sent me this great PDF (you can find it here), where he dissects the Solicitor General's merits brief in the Affordable Care Act case. For those of you who do not know Ross, he is a legal writing master who instructs law school students, lawyers, and judges on how to [...]

10 May, 2011

The Fourth Circuit Panel for the Affordable Care Act

2019-03-18T18:48:01-05:00May 10th, 2011|Tags: , , , , , |

Update: Orin Kerr has this post about oral arguments this morning. Judge Motz told the attorneys challenging the ACA that they could argue for as long as they wanted but with the caveat that the government would be able to argue for the same amount of time. I just read over the ACA Litigation Blog [...]

9 Feb, 2011

The Health Care Challenge Lands at the Supreme Court

2019-03-18T18:48:06-05:00February 9th, 2011|Tags: , , , |

Bypassing the Fourth Circuit Court of Appeals, today, the Commonwealth of Virginia brought their Affordable Care Act challenge to the Supreme Court’s doorstep. The State calls on the Court to sidestep the normal appellate route and decide now whether Congress, in passing the new health care bill, transgressed its constitutional powers. The petition for writ of certiorari lays out what is at stake:

3 Feb, 2011

A Non-Political View of the Commerce Clause and Health Care

2019-03-18T18:48:06-05:00February 3rd, 2011|Tags: , , |

Ever since Federal Judge Vinson struck down the Affordable Care Act, the legal blogosphere has been saturated with various arguments as to what the Commerce Clause should mean. I do not pretend to know whether or not the Affordable Care Act is good for the country, or, even if it is good for my family—a family that earns a very middle of the road income, that has a wife that is next to uncoverable, and has one child and another on the

29 Dec, 2010

New York Times Discusses the Necessary and Proper Clause

2019-03-18T18:48:10-05:00December 29th, 2010|Tags: , , , , |

Kevin Sack at the New York Times has an intersting article on the shift of public debate regarding the Affordable Care Act. Whereas that debate begins with the Commerce Clause it may end with the Supreme Court determining the scope of the Necessary and Proper Clause.

13 Dec, 2010

The Affordable Care Act is Unconstitutional

2019-03-18T18:48:10-05:00December 13th, 2010|Tags: , , , |

Federal District Court Judge Henry E. Hudson ruled on Monday that the Affordable Care Act's individual mandate requiring citizens to purchase health care insurance amounts to an unconstitutional expansion of the Commerce Clause. The historic 42-page ruling can be found here.  If the Fourth Circuit Court of Appeals affirms this decision and other courts find [...]

10 Dec, 2010

The President Acknowledges that the Pre-Existing Injuries Portion of the Affordable Care Act could also be in Jeopardy

2019-03-18T18:48:11-05:00December 10th, 2010|Tags: , , , |

Randy Barnett, at The Volokh Conspiracy, posted this article about a fact sheet recently provided by the White House. The fact sheet addresses the pending constitutional challenge to the Affordable Care Act’s individual mandate currently before Judge Henry Hudson. In anticipation of a ruling, the White House admitted that should the individual mandate be held unconstitutional, the portion of the Act requiring insurance companies to accept and cover people with pre-existing injuries would likewise fall. The fact sheet explained:

5 Nov, 2010

The Global Gender Gap (#2 of 3)–From Horse Race to Health Care

2019-03-18T18:48:11-05:00November 5th, 2010|Tags: , , , |

In my last post, I highlighted the “horse race” aspect of the World Economic Forum’s 2010 Global Gender Gap Report, which shows the Nordic countries ahead of the curve in gender equality and the United States placing in the top 20 (#19) for the first time. The ratings are based on each [...]