Tag Archives: mandate

03.20.14

The ACA’s Contraception Coverage Mandate: Constitutional Limits On Exempting Employers

By | Leave a Comment

This post was written by John D. Kraemer, Assistant Professor in the Department of Health Systems Administration at Georgetown University and O’Neill Institute Scholar.  It was originally published in the Health Affairs Blog on March 20, 2014, and the summary is posted here with permission of the author.  The views presented here are his own. […]

Posted in uncategorized ; Tagged: , , , , , .

06.30.12

The Supreme Court Upholds the Affordable Care Act Upheld: The Individual Mandate is a Tax. States Have a Choice Whether to Expand Medicaid

By | Leave a Comment

This post was written by Emily W. Parento, O’Neill Institute Research Assistant and Lawrence O. Gostin, Faculty Director of the O’Neill Institute.  President Obama signed the Patient Protection and Affordable Care Act (ACA) into law in March 2010, and lawsuits immediately followed.  In March of this year, in consolidated cases National Federation of Independent Business […]

Posted in uncategorized ; Tagged: , , , , , .

04.03.12

Three Ominous Moments During the Affordable Care Act Severability Hearing – Could They Actually Save the Mandate?

By | Leave a Comment

This post was written by former O’Neill Institute Research Assistant and current Georgetown Law 2L Dinesh Kumar, who attended day three’s morning session of the Supreme Court’s hearing on the Affordable Care Act. Every aspect of the Affordable Care Act (ACA) Supreme Court oral arguments has been dissected in the days following the historic hearings, […]

Posted in Health reform, Healthcare ; Tagged: , , , , .

03.26.10

Are The Attorneys General’s Constitutional Claims Bogus?

By | Leave a Comment

Immediately after passage of health care reform, over a dozen state A.G.s sued to declare it unconstitutional, as violating states’ rights.  The Florida complaint is here, and Virginia’s here. Reminiscent of southern governors in the 1960s blocking their state universities’ gates, these legal officers in effect are saying “not on our sovereign soil.”  Since the […]

Posted in Legal Issues ; Tagged: , , , , , , , , .

02.24.10

Nullification, Round Three

By | Leave a Comment

The Tennessee Senate passed on February 17 its version of a nullification bill. The “Tennessee Health Freedom Act” (Senate Bill 3498) declares: (c)(1) The power to require or regulate a person’s choice in the mode of securing health care services, or to impose a penalty related thereto, is not found in the Constitution of the […]

Posted in Legal Issues ; Tagged: , , , , , .

02.02.10

Another Shot at Fort Sumpter

By | Leave a Comment

The Virginia Senate passed a bill yesterday by a vote of 23 to 17, with five Democrats joining the chambers 18 Republicans, stating: “No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance under any policy or program provided by and through his employer, or a plan sponsored by […]

Posted in Legal Issues ; Tagged: , , , , , , , , .

01.21.10

Congressional Power to Regulate Inactivity

By | Leave a Comment

[T]here’s pretty much nothing that Congress can’t do and that’s the end of the enumerated power scheme . . . if the Supreme Court were to uphold the Constitutionality of the individual mandate.  So says Randy Barnett in an interview on NPR’s Morning Edition earlier this week, in which he reprised his Heritage Foundation argument. […]

Posted in Legal Issues ; Tagged: , , , .

01.02.10

Confiscatory Insurance Regulation: Yet Another Constitutional Attack, Rebutted

By | Leave a Comment

The formidable Richard Epstein has launched the latest attack on the constitutionality of health care reform.  He argues that minimum medical loss ratios coupled with tougher insurance standards are “confiscatory” rate regulation that vioate the Takings Clause or substantive due process.   As with other right-wing constitutional attacks, he suggests this conclusion is firmly based in […]

Posted in Legal Issues ; Tagged: , , , , , .

10.14.09

“Taking” Legal and Economic Liberties, Seriously?

By | Leave a Comment

Constitutional opposition to an individual mandate is usually argued in terms of lack of federal power, but the real motivation is the feeling that a mandate violates individual rights. Opponents would be no less exorcised if a mandate came from the States, which generally have plenary authority over social and economic matters. What basis might […]

Posted in Legal Issues ; Tagged: , , , , , , .

10.08.09

Is it a Tax? Is it Constitutional?

By | Leave a Comment

By far the most controversial provision of the health care reform legislation pending in Congress from a constitutional perspective has been the individual mandate. The primary controversy has concerned the issue, which we addressed two weeks ago, of whether the commerce clause authorizes Congress to impose an individual mandate. A different constitutional issue, however, was […]

Posted in Legal Issues ; Tagged: , , , , , , , , , , , , .

Stay Informed

Signup for our mailing list and stay up to date on the latest happenings at The O’Neill Institute

Or sign up for our RSS Feed

The views reflected in this blog are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.

See the full disclaimer and terms of use.