Over at Ricochet, via Instapundit, Paul Rahe argues that conservatives should prefer a government-run health care system paid for by higher taxes over an individual-mandate approach: Government exists first and foremost for the sake of our protection. Without it, our lives and our property would not effectively be our own. Government exists also to promote […]
Search results for "health care"
BREAKING – High Court to Hear Health Care Challenges
By Jonathan H. Adler on November 14, 2011 10:06 am in Health Care, Individual Mandate, Supreme Court
The Supreme Court has granted certiorari in several of the health care cases, granting the Florida’s, NFIB’s and the federal government’s petitions, including consideration of the Tax Injunction Act issue, and granting extended argument time. I suspect SCOTUSBlog will have a full report shortly. NOTE: Here is SCOTUSBlog’s health care litigation page, and here is […]
The Health Care Lawsuits Timing
Lyle Denniston has an interesting post on SCOTUSBlog about the timing of the various lawsuits. It is too complex to excerpt here without copying the whole post. So, if you are interested, click here.
Man Tries to Commit $1 Robbery To Get Health Care in Prison
James Verone was in major need of health care, and he didn’t have the money to pay for doctors. So he decided to try to commit a crime so he could get arrested, convicted, and then have health care in prison: A couple of months ago Verone started weighing his options. He considered turning to […]
Are Health Care Waivers Political Favors?
The Daily Caller reports that a substantial percentage of recent health care waivers issued by the Department for Health and Human Services have gone to businesses in Rep. Nancy Pelosi’s San Francisco district — and not just any businesses, but swanky spas, restaurants and nightclubs. Does this story mean that health care waivers are being […]
Sixth Circuit Panel for Health Care Litigation
By Jonathan H. Adler on May 11, 2011 10:33 am in Federalism, Health Care, Individual Mandate, Sixth Circuit
A notice on the website for the U.S. Court of Appeals for the Sixth Circuit announces that the three-judge panel to hear the appeal in Thomas More Law Center v. Obama, another challenge to the constitutionality of the individual mandate, will consist of Circuit Judges Boyce F. Martin, Jr. and Jeffrey S. Sutton, and District Court […]
My Jurist Article on Why the Individual Health Care Mandate is Unconstitutional
By Ilya Somin on May 4, 2011 11:08 am in Commerce Clause, Federalism, Health Care, Individual Mandate, Necessary and Proper
The Jurist has posted my article on “Why the Individual Health Care Mandate is Unconstitutional.” The format allowed me to lay out the case against all three of the federal government’s rationales for the law more fully than in any previous popular press publication. Here’s an excerpt: Twenty-eight states and several private groups have now […]
Supreme Court Denies Cert, Without Noted Dissent or Comment, in Virginia Case Seeking Review of Health Care Law From District Court
Lyle Denniston reports: Choosing, for now, to remain on the sidelines of the national constitutional debate over the new health care law, the Supreme Court refused on Monday to put Virginia’s challenge to the law on a fast track with review by the Justices ahead of any appeals court decisions. There were no dissents noted, […]
Virginia Health Care Challenge petition for cert before judgment relisted
The Supreme Court has relisted the Commonwealth of Virginia’s petition for certiorari before judgment in Virginia, ex rel. Kenneth T. Cuccinelli, II, Attorney General of Virginia v. Kathleen Sebelius, Secretary of Health and Human Services, 10-1014. The Court will take the matter up again at its April 22 Conference, and we may be hearing back […]
Health Care Kilo-Waivers
The Hill reports that the Department of Health and Human Services has now issued over 1,000 waivers from requirements imposed by the health care reform law. HHS posted 126 new waivers on Friday, bringing the total to 1,040 organizations that have been granted a one-year exemption from a new coverage requirement included in the healthcare […]
Are Health Care Waivers Unconstitutional?
Columbia Law School’s Philip Hamburger had an interesting essay on NRO this week questioning the constitutionality of federal authority to grant waivers under the federal health care law. A taste: The Department of Health and Human Services has granted 733 waivers from one of the statute’s key requirements. The recipients of the waivers include insurers […]
“Give me liberty or give me health care”
Charles Lane, the Washington Post’s columnist, member of the Post’s editorial board, and its former Supreme Court reporter has an excellent column in today’s Washington Post that deserves to be read in its entirety. Here is a bit: . . . As a policy matter, there is a case to be made that an individual […]
The Hearing on the Constitutionality of the Health Care Law
I watched the C-span coverage of the Senate Judiciary Committee hearing on the constitutionality of the health care law, and I was impressed with the level of discussion and its seriousness, on the part of the Senators and the professors (mostly) who served as witnesses. It’s true I was at the gym and operating on […]
Upcoming Talk at the National Conference on Health Care Reform
For those who may be interested, I will be speaking about the individual mandate litigation this Thursday on a panel at the National Congress on Health Reform conference at the Ritz Carlton in Washington, DC. The panel runs from 4:30-6 PM and will also include Wake Forest law professor Mark Hall (who will defend the […]
Constitutional Doctrine and the Constitutionality of Health Care Reform
I’ve been following the debate both at the VC and elsewhere, and find myself somewhat amused at the law professor conceit that the constitutionality of the individual mandate will be determined based on whether the “best” interpretation of USSC precedent supports it or not. Here’s my take: What the opponents of the individual mandate had […]