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Health Care: Why Jurisdiction Matters | University of Richmond School of Law...
A short introduction to my Stanford Law Review piece on jurisdiction over Virginia’s challenge to the individual mandate: Health Care: Why Jurisdiction Matters | University of Richmond School of Law...
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Some early observations about Florida v. HHS
The Eleventh Circuit’s 2-1 ruling holding the individual mandate unconstitutional, but severable from the remainder of the Affordable Care Act, should come as no surprise to close observers (or careful...
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Alternative state standing theory # 2: the individual mandate is inseverable...
This post continues consideration of the alternative state standing theories advanced in Florida v. HHS but not yet ruled on by any federal court. An earlier post addressed the states’ lead standing...
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If it looks to you like I’m left leaning, perhaps you’re the one who needs to...
One of the top stories currently running at The American Spectator is “Obamacare’s Last Best Hope”, by David Catron. The bio describes Mr. Catron as a “health care revenue cycle expert” who blogs at...
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Constitutional litigation as rebellion?
Virginia filed a federal lawsuit challenging a federal statute as unconstitutional and seeking to vindicate a state statute. It takes a special perspective for someone to view that federal-court filing...
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Health care cases scheduled for Supreme Court’s November 10 conference
Lyle Denniston reports at SCOTUSBlog that five of the six health care cases have been scheduled for discussion at the Supreme Court’s November 10 conference. Just in time for our November 11...
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The Anti-Injunction Act and section 5000A of the tax code (aka “the...
I recently posted to SSRN a draft version of the paper that arose out of my participation in the “Everything But the Merits” symposium on the healthcare litigation held at the University of Richmond...
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The healthcare litigation: facial vs. as-applied challenges, severability,...
The papers from the “Everything But the Merits” symposium on the healthcare litigation held at the University of Richmond School of Law last November (11/11/11) will be published in the March 2012...
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Please don’t Boerne-ize the Necessary & Proper Clause
The Supreme Court has had a hard time improving on Chief Justice Marshall’s McCulloch v. Maryland formulation of the doctrinal test for Congress’s power under the Necessary and Proper Clause. At one...
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Kennedy will disappoint, but whom and how? (This is no way to run a country.)
Justice Kennedy’s vote on the constitutionality of the individual mandate is bound to be a disappointment regardless of how he votes. Two decades ago, it was widely expected that he would vote to...
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