Tag Archives: states

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: , , , , , , , , , , , , .

09.30.09

A Further Thought on State Nullification

By | Leave a Comment

I would put this a bit more strongly than Mark. Talk of state nullification argues powerfully for the federal government directly enforcing insurance reforms and administering the exchanges and premium subsidies, the approach taken by the House bill HR 3200, rather than depending on the states in implement the reforms, the approach taken by the […]

Posted in Legal Issues ; Tagged: , , .

09.29.09

Firing Again on Fort Sumter

By | Leave a Comment

The health law reform constitutional law issue de jour seems to be whether the states by adopting amendments to their own constitutions can block implementation of the individual mandate on their soil. See the New York Times article, Health Care Overhaul and Mandatory Coverage Stir States’ Rights Claims. Most notably, Arizona has placed a constitutional […]

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

09.27.09

CBS Covers Constitutionality Debate

By | Leave a Comment

From CBS News: Is Mandatory Health Insurance Constitutional? In the last few days, a new argument has emerged in the debate over Democratic health care proposals: Are they constitutional? More precisely, can the federal government force Americans to buy health insurance? “Mandatory Insurance Is Unconstitutional” is the unapologetic title of an op-ed last week in […]

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.