An additional thought on coercion
Recently I wrote about the coercion question posed by Florida et al. in the PPACA litigation. I have a quick follow up thought: I wonder if those advocating a more robust read of coercion recognize...
View ArticleThe other healthcare case with constitutional implications
Another Medicaid case this term also involves constitutional challenges – Douglas v. Independent Living Center of Southern California. That certiorari was granted is notable unto itself, as no circuit...
View ArticleThe inter-branch turmoil continues
After the Supreme Court heard oral arguments in Douglas v. ILC, the Secretary of HHS approved some of California’s deep cuts in Medicaid reimbursement. The Court requested additional briefing...
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Stanford Law Review Online: How to Reach the Constitutional Question in the...
In a Note just published by the Stanford Law Review Online, Daniel J. Hemel discusses a jurisdictional issue that might delay a ruling by the Supreme Court on the constitutionality of the Patient...
View ArticleInitial impressions of the states’ brief in Fl. v. HHS
Is the sky falling? According to Florida et al., which filed their brief regarding PPACA’s Medicaid expansion today, the answer is a resounding yes. In many respects, this brief rehashes the coercion...
View ArticleLandscape of the Amici Supporting Florida’s Medicaid Brief
Reporting results for its monthly Health Tracking Poll published today, the Kaiser Family Foundation introduced the summary of its findings thus: “As the Supreme Court prepares to hear legal...
View ArticleINSIDE THE COURT FOR TODAY’S AFFORDABLE CARE ACT ARGUMENT
I just returned from this morning’s oral argument in Department of HHS v. Florida, the challenge to the constitutionality of the Affordable Care Act (ACA). This week the Court is devoting three full...
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Viewpoint, Voting, and Structuring the Electorate
I am delighted to join the blogging community of Concurring Opinions for the month of April. Thanks to Solangel Maldonado and Daniel Solove for their gracious invitation. Denying voting rights to...
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Stanford Law Review Online: Health Care and Constitutional Chaos
The Stanford Law Review Online has just published an Essay by Eric Segall and Aaron E. Carroll entitled Health Care and Constitutional Chaos: Why the Supreme Court Should Uphold the Affordable Care...
View ArticlePondering the vehicle for change
I have just returned from the perennially-satisfying Health Law Professors Conference at ASU (where it was hot enough to singe your eyebrows). For folks interested in any aspect of healthcare law,...
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Stanford Law Review Online: Discrimination, Preemption, and Arizona’s...
The Stanford Law Review Online has just published an Essay by Lucas Guttentag entitled Discrimination, Preemption, and Arizona’s Immigration Law: A Broader View. The author discusses the upcoming...
View ArticlePre-postmortems
I was fortunate to hear Justice Ginsburg’s speech at the ACS National Convention on Friday evening, during which she reiterated her position about the value of dissents (to signal how Congress could...
View ArticleInitial Thoughts on the Stolen Valor case
Although most people are focusing on Chief Justice Roberts’ vote to uphold the healthcare law, it turns out the Chief also voted with the “liberals” today to strike down the Stolen Valor Act as...
View ArticlePreliminary thoughts on today’s decision splitting the proverbial baby
Today, Chief Justice Roberts truly wore King Solomon’s crown. He managed to split the issue with regard to both the “individual mandate” requiring all Americans to have health insurance coverage by...
View ArticleStarting to work beneath the surface of the Medicaid holding
Ok, folks, you read it here first. In December, I stated that I thought the Court would be inclined to solidify the coercion doctrine but would be likely to uphold the Medicaid expansion. I am still...
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Stanford Law Review Online: Politicizing the Supreme Court
The Stanford Law Review Online has just published a Note by Eric Hamilton entitled Politicizing the Supreme Court. Hamilton writes that the Framers carefully constructed a Supreme Court independent...
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Stanford Law Review Online: The Violence Against Women Act and Double...
The Stanford Law Review Online has just published an Essay by Andrew Kloster entitled The Violence Against Women Act and Double Jeopardy in Higher Education. Mr. Kloster argues that proposed changes...
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Stanford Law Review Online: Dahlia v. Rodriguez
The Stanford Law Review Online has just published a Note by Kendall Turner entitled Dahlia v. Rodriguez: A Chance to Overrule Dangerous Precedent. Turner argues that the Ninth Circuit has an...
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Stanford Law Review Online: The Hunt for Noncitizen Voters
The Stanford Law Review Online has just published an Essay by Fatma Marouf entitled The Hunt for Noncitizen Voters. Professor Marouf writes that recent efforts by several states to purge noncitizens...
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Stanford Law Review Online: Software Speech
The Stanford Law Review Online has just published a Note by Andrew Tutt entitled Software Speech. Tutt argues that current approaches to determining when software or speech generated by software can...
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