Federal District Judge Henry Hudson’s opinion refusing to dismiss Virginia’s lawsuit challenging the constitutionality of the Obama health care plan has several interesting aspects. The suit focuses primarily on a challenge to the “individual mandate” element of the plan, which requires most American citizens and legal residents to purchase a government-approved health insurance plan by […]
Archive | Health Care
Judge Won’t Dismiss Virginia Health Care Challenge
The Washington Post is reporting that a federal judge has denied the Obama Administration’s motion to dismiss Virginia’s constitutional challenge to the recently enacted health care reform law. UPDATE: Thanks to Dave Hoffman at Concurring Opinions, here’s the district court opinion. It concludes: While this case raises a host of complex constitutional issues, all seem […]
“Of Constitutional Decapitation and Healthcare”
This new article in Tax Notes, by Professor Steven J. Willis and recent graduate Nakku Chung, both of the University of Florida’s Fredric G. Levin College of Law, explains why the non-insurance penalty provision of the new federal health control law is unconstitutional, at least if it is a tax. In brief, the argument is: The tax is […]
Administration Now Says Individual Mandate Is a “Tax”
During the debate over health care reform, the Obama Administration steadfastly denied that a statutory penalty for failing to purchase a government-approved health insurance policy would constitute a “tax.” The President himself categorically rejected the argument that the mandate is a tax in an ABC interview. Now, however, the Administration is relying upon the federal […]
DOMA case and the Tenth Amendment
By David Kopel on July 9, 2010 12:49 am in Constitutional Law, Federalism, Gay Marriage, Health Care, Tenth Amendment
Jack Balkin has an interesting post on today’s two Defense of Marriage Act cases from the federal District of Massachusetts, Gill v. Office of Personnel Management, and Massachusetts v. HHS. The latter case found DOMA unconstitutional, as applied to Massachusetts, because DOMA violates the Tenth Amendment by infringing the state’s traditional core sovereign power of defining […]
Harold, Kumar, and Health Care Reform
From today’s Cleveland Plain Dealer: The White Castle hamburger chain fears that a health insurance reform law adopted earlier this year will put its profits on a downward slide. The Columbus-based family owned restaurant chain – known for serving small square hamburgers called “sliders” – says a single provision in the bill will eat up […]
Why NFIB Is Challenging ObamaCare
Dan Danner, CEO of the National Federation of Independent Business (NFIB) has an op-ed in today’s WSJ explaining why NFIB has chosen to join the state AGs’ lawsuit challenging the recently enacted health care reforms. Here’s a taste: Supporters say the law will significantly help small businesses, focusing on the much-talked about small business tax […]
Charles Fried on the Constitutionality of the Health Care Mandate
In this recent op ed, Harvard constitutional law professor Charles Fried argues that the Supreme Court’s recent decision in United States v. Comstock proves that the Obama health care bill’s mandate requiring individuals to buy health insurance is constitutional: A recent 7-2 Supreme Court decision affirming the constitutional power of Congress to allow the indefinite […]
New lawsuit on Obamacare
Just filed in the Northern District of Ohio. (HT Jacob Sullum, of Reason.) Lead attorney is Jonathan Emord, formerly a Vice-President at Cato, and head of a firm with extensive experience in litigation against the Food and Drug Administration and other federal agencies on medical issues. The complaint is here. In the complaint, the material […]
Taking ObamaCare Challenges Seriously
The New York Times might be the last place one would expect a news story suggesting that constitutional objections to the recently enacted health care reform law should be taken seriously, but that’s just what we got today. The story focuses on the lawsuit by twenty state attorneys general, among others, against the health care […]
PhRMA Thanks Reid
The Pharmaceutical Research and Manufacturers Association is co-sponsoring ads in Nevada thanking Senate Majority Leader Harry Reid for his efforts to create jobs in Nevada. As the Wall Street Journal editorializes, this is a fairly transparent effort to repay Reid for pushing through health care reform. PhRMA invested heavily in trying to pass health care […]
Debate on constitutionality of Obamacare
By David Kopel on April 30, 2010 1:03 am in Congress, Constitutional History, Economic LIberties, Federalism, Health Care, Supreme Court
Held on April 28 at the University of Colorado law school, under the sponsorship of the American Civil Liberties Union of Colorado. Arguing in favor of constitutionality was Jean Dubofsky, former Justice of the Colorado Supreme Court. Arguing the other side was me. The video is here. (Video and audio are often out of sync […]
Debate on constitutionality of Obamacare
This Wednesday, April 28, at the University of Colorado Law School, Wolf Law Building, 7-9. Sponsored by the American Civil Liberties Union of Colorado, Boulder Chapter (of which I am a card-carrying member). Arguing for the Obama bill (and against Colorado Attorney General Suthers’ participation in the suit against the bill) will be former Colorado […]
Is the Health Care Mandate a Direct Tax?
Some have argued that it does not matter whether the individual mandate is a constitutional exercise of the power to regulate “commerce . . . among the several states” because the mandate — or, more properly, the penalty for failing to comply with the requirement to obtain health insurance — is within Congress’ power to […]
Interview on the Healthcare Channel
Here are 2 YouTube videos of my recent interview for the Healthcare Channel. In the first, I discuss the unconstitutionality of the individual health insurance mandate under the Commerce Clause and the tax power. Those who want a close examination of how the mandate runs afoul of current Commerce Clause doctrine should look at my […]