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Category Archives: Healthcare

03.05.12

Why the Affordable Care Act’s Individual Purchase Mandate is Both Constitutional and Indispensable to the Public Welfare

By Lawrence Gostin

Florida v. HHS – a suit brought on behalf of 26 states challenging the constitutionality of the Affordable Care Act (ACA) – represents a rare moment in America’s history. The Supreme Court will determine whether the United States coalesces behind an historical health system reform providing near-universal coverage, or retreats from it. Although Florida v. […]

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12.31.11

Lawsuit Offers Hope that the Plan B OTC Age Restrictions may yet be Lifted

By Kelli K. Garcia

The fight to make Plan B, an emergency contraceptive, more widely available continues despite Health and Human Services Secretary, Kathleen Sebelius’ decision earlier this month to overrule the FDA’s recommendation that Plan B be made available over-the-counter (OTC) to women and girls of all ages. The Center for Reproductive Rights (CRR) will reopen a lawsuit, […]

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12.16.11

Judge invites challenge to HHS decision that blocked access to emergency contraception

By O’Neill Institute

Originally posted at Hunter of Justice on December 14, 2011. The Center for Reproductive Rights announced Tuesday that it will reopen a lawsuit filed in 2005 in order to challenge unnecessary age restrictions on emergency contraceptives imposed last week by the Obama administration. The lawsuit – Tummino v. von Hamburg –  was originally filed against […]

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11.22.11

Court Enjoins FDA Tobacco Labels

By O’Neill Institute

This post was authored by O’Neill Institute research assistant and third-year Georgetown University Law Center student Mirona Dragnea. On November 7, 2011, District Judge Richard J. Leon of the D.C. District Court sided with five tobacco companies in granting a preliminary injunction in R.J. Reynolds v. U.S. FDA. The decision prohibits the United States Food […]

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10.04.11

Medicaid Before the Supreme Court Today

By Lorian Hardcastle

With Starbucks Venti in hand to ease the pain of waking up at 6:00 a.m. and the 45 degree weather, I eagerly lined up this morning to hear oral arguments at the Supreme Court with fellow health law fans, associates too far down the food chain to earn a seat at the counsel table, Mormon […]

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09.27.11

After Several Other Circuits Split on the Constitutionality of Health Reform, Which Way Will the D.C. Circuit Go?

By O’Neill Institute

This post was authored by O’Neill Institute research assistant and second-year Georgetown University Law Center student Dinesh Kumar. For more information on all of the pending challenges to the Affordable Care Act, visit http://www.healthlawandlitigation.com.  The website, a joint effort by the O’Neill Institute and the National Health Law Program, tracks the progress of litigation through […]

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07.14.11

Does This Outfit Make Me Look Healthy?

By Katherine Record

Today, New York opens its runways for the first Africa Fashion Week, bringing the work of emerging African designers to the catwalk, and showcasing a growing industry that bridges a gap between a poverty stricken continent and one of the most profitable consumer bases in the world: the woman’s closet.  Designers are already exploiting the […]

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07.11.11

The new antismoking warning labels: a necessary step in the right direction

By Juan Carballo

On June 21, health officials at the U.S. Food and Drug Administration (FDA) released a series of nine graphic color warning labels that the tobacco industry will be required to include on the top-half of all cigarette packages produced after September 2012. Some of the images are quite explicit in their illustration of the harmful […]

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07.06.11

The Supreme Court’s Decision in Sorrell v. IMS Health and Public Health

By O’Neill Institute

This post authored by O’Neill Institute Research Assistant and rising Georgetown Law 2L, Dinesh Kumar. In a 6-3 decision on June 23, the Supreme Court ruled unconstitutional a Vermont law prohibiting pharmacies from selling prescriber-identifiable drug information to “data mining” companies.  These companies aggregate and sell this data (which doesn’t identify patients) to pharmaceutical companies, which promote sales […]

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06.23.11

Looking the Other Way: Mental Health in a Nation Fixated on Healthcare

By Katherine Record

Last week, DC police forcefully entered a man’s home and fatally shot him, twice.  Jean Louis, a mentally ill 55-year-old, had resided in the same apartment for over thirty years.  His neighbors knew him to be alternately friendly and erratic, but on the day of his death, he had neither hurt anyone nor committed a […]

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