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Author Archives: Mark Hall

09.30.09

Civil War Redux

By Mark Hall

As Tim Jost well explains, the principle of Federal Supremacy is so well settled that the threat by some state governors or legislators to bar their citizens from complying with federal health care reform is overt legal defiance, or a form of civil disobedience if you will. Civil disobedience might be justified in some circumstances, […]

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09.27.09

Substance Over Process

By Mark Hall

Tim Jost is correct that procedural issues are being neglected in the tortuous legislative process that hopefully is leading to some meaningful reform.  But, we all know the quip about making sausages and laws.  Administrative and judicial remedies may simply need to be part of the long list of issues that Congress comes back to later, […]

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09.23.09

Does Health Care Reform Violate the Real Constitution?

By Mark Hall

Is health care reform constitutional – especially an individual mandate. The answer is “no” according to an increasing chorus of conservative legal opinions, here, here, here, here, here, here, and here. As Sen. Patrick Moynihan once quipped, “everyone is entitled to his own opinion, but not his own facts.” So too for law. Certainly, one […]

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The views reflected in this expert column 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.

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