Category Archives: Legal Issues

03.23.10

Atlas Shrugged—So Did Wall Street

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The following post is one I’m afraid I’ll look back on and say, “What was I thinking?”! At a time when the right wing is in high dudgeon and many states, with Tea Party encouragement, are essentially fomenting massive civil disobedience against the health insurance reform legislation, I’m making a more positive (albeit contrarian) argument […]

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03.21.10

The Executive Order on Abortion

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Article II of the Constitution states that “the executive Power shall be vested in the President of the United States of America.” It further states that the President “shall take Care that the Laws be faithfully executed.” Presidents since Washington have often issued executive orders including for example the Emancipation Proclamation, President Truman’s order desegregating […]

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03.17.10

Deem and Pass

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The latest constitutional dust-up over health care reform concerns whether the dDeem-and-pass rule proposed by Congresswoman Slaughter for passing the Senate bill though the House is constitutional. The problem, for anyone who has not been following the health care reform battle minute by minute, is that a lot of House members hate the Senate bill […]

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03.16.10

Abortion in the Senate Bill

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In a document titled What’s Wrong with the Senate Health Care Bill on Abortion: A Response to Professor Jost, dated March 12, 2010, the United States Conference of Catholic Bishops respond to an earlier memorandum that I circulated demonstrating that the House and Senate bill are essentially equivalent on pro-life issues. On January 20, 2010, […]

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03.15.10

Negotiating Prices in Part D

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Post by Kevin Outterson Associate Professor & Co-Director of the Health Law Program BU Law Last week, Rep. Peter Welch (D-VT) introduced a bill (H.R. 4752) to overturn the 2003 ban on government-led price negotiations for Medicare Part D drug plans.  The bill has 73 co-sponsors so far.  While perhaps well intentioned, this bill will […]

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03.14.10

Martial Law

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There is a great deal of nonsense flying around the internet this weekend about the country being ruled by martial law because the House Rules Committee is considering adopting the Senate bill under a special rule that deems the Senate bill adopted rather than adopting it as such. The claim is that this would violate […]

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03.12.10

The Need for Health Care Regulatory Reform

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The current health care regulatory system is a mess. Whatever its stated objectives, there is little evidence that it improves quality of care, provides cost-effective benefits to the public, or is a rational way of monitoring health care delivery. With the prospect of enacting significant reforms of the health insurance system and providing access for […]

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03.04.10

The House and Senate Bills on Abortion

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There are significant differences between the House and Senate bill, but the provisions governing abortion (Sec. 1303 of the Senate bill, pp. 2069-2078) are not among them. Both bills prohibit federal funding of abortions. The Senate bill, like the House bill, prohibits the use of premium affordability tax credits or cost-sharing reduction payments to pay […]

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03.04.10

Obama’s Concessions

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In previous posts, I have directed most of my ire about the failure to enact health insurance reform legislation at the democrats. After all, they have a commanding majority and should be held accountable for the failure to enact their legislative agenda. But it’s time to redress the imbalance and at least note that the […]

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02.24.10

Nullification, Round Three

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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 […]

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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.

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