This week, the National Journal poll of political bloggers moves to a new spot on the NJ website, “The Hotline Blogometer.” Besides the weekly poll, the Blogometer contains a daily report on what leading liberal and conservative political bloggers are writing about the controversies of the moment. In this week’s poll, bloggers were asked “On […]
Archive | Health Care
Does Marshall Field v. Clark Preclude a Challenge to “Deem and Pass”?
Is a constitutional challenge to the use of “deem and pass” to enact health care reform precluded by the Supreme Court’s 1892 decision in Marshall Field & Co. v. Clark? In that decision, the Supreme Court held that federal courts must accept the certification of the presiding officers of the House and Senate that a […]
Obama sends his praise for efforts on behalf of health care reform
This afternoon my conversation with a law student friend of my daughter’s was interrupted by a robocall to his cell phone pushing Obama’s health care bill. Then, after reading Ann Althouse, I noticed that, like Ann, I had received an email of praise — directly from President Barack Obama himself — thanking me for my […]
Would “Deem & Pass” Survive Judicial Review?
Politico reports that quite a few constitutional experts, in addition to Stanford’s Michael McConnell and Yale’s Jack Balkin, believe the so-called “Slaughter Solution” (aka “Deem and Pass”) could present a thorny constitutional question. McConnell thinks it’s clearly unconstitutional; Balkin believes its constitutionality depends on its final form. To McConnell and Balkin, Politico adds GW’s Alan […]
Balkin on the “Slaughter Solution”
Stanford’s Michael McConnell thinks the so-called “Slaughter Solution,” through which the House of Representatives to pass the Senate health care bill and a reconciliation package of amendments with a single vote, is unconstitutional. Yale’s Jack Balkin is not so sure. He thinks the “Slaughter Solution” — what he calls “deem-and-pass” — could be done constitutionally, […]
“It May Be Clever, but It Is Not Constitutional”
Former federal judge Michael McConnell, of Stanford University, considers the constitutionality of the so-called “Slaughter Solution” — a proposal to allow the House to pass both the Senate health care bill and proposed reconciliation amendments in a single vote. To become law—hence eligible for amendment via reconciliation—the Senate health-care bill must actually be signed into […]
Is the Slaughter Solution constitutional?
Can the House vote to adopt a rule which “deems” that a particular bill has been passed, even if that particular bill has not been passed? If so, are there any limits to the adoption of House rules which eliminate voting on bills? For example, could the House at the start of a session adopt […]
Bloggers foresee big political benefits in health bill. Split Ax vs. Rahm
This week’s National Journal poll of political bloggers asked left-leaning political bloggers “If Congress enacts something close to President Obama’s latest health care reform plan, how would that affect the Democratic Party in the midterm elections?” The right-leaning bloggers were asked the same question about the effect on Republicans. On the Left, 40% said that enactment […]
Is Repealing McCarran-Ferguson Health Reform?
H.L. Mencken once observed that for every human problem, there is a solution that is “neat, plausible, and wrong.” Exhibit A is the “Health Insurance Industry Fair Competition Act” – also known as H.R. 4626. This bill seeks to repeal the antitrust exemption granted to health insurance companies by the McCarran-Ferguson Act. The Obama Administration […]
Bloggers: Scaled-back health legislation is likely. Split on effects of Citizens United.
Last week’s National Journal poll of political bloggers asked “What’s the most likely outcome this year of President Obama’s health care reform initiative?” The plurality choice on the Left, and the majority choice on the Right, was “Scaled-back legislation will be enacted.” I agreed: “Remember, even after the defeat of Hillarycare, many of its sub-elements […]
Amar v. Natelson on the constitutionality of Obamacare
By David Kopel on January 27, 2010 1:29 am in Commerce Clause, Constitutional History, Health Care, Originalism
Rob Natelson (U. Montana; Independence Institute) addresses Akhil Amar’s claims that Obamacare is consistent with the original meaning of the Constitution.
Bloggers agree: Jobs would be best politically. So would House passing Senate health bill
This week’s National Journal poll of political bloggers asked “Which of these pieces of legislation, if enacted, would help the Democrats’ political prospects in the midterm elections?” Bloggers could choose more than one. The leading choice for both Left and Right bloggers was “job creation.” The only other items which got more than 50% from […]
Change I Would Never Have Believed in – Is Obama’s Window of Opportunity Closing Faster than Expected?
President Obama famously promised the country “change we can believe in.” As a longtime Massachusetts resident, one change I would never have believed in until shortly before it actually happened is a conservative Republican winning a Senate seat in my home state. No Republican has won a Senate race in the Bay State since 1972, […]
Will the Health Care “Conference” Be on C-Span?
Congressional leaders may dispense with the traditional House-Senate conference to reconcile the two chambers’ competing health care bills in favor of less formal negotiations. Whatever form the process takes, C-Span would like to be there. On December 30, C-Span CEO Brian Lamb sent a letter to Congressional leaders requesting that his network be able to […]
Cardiologists Challenge Medicare Cost Controls
USA Today reports the American College of Cardiology has filed suit against the Department of Health and Human Services challenging proposed Medicare fee cuts for various medical office procedures, including nuclear stress tests and echocardiograms. More info here.