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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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09.27.09

CBS Covers Constitutionality Debate

By Nan Hunter

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 […]

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09.27.09

Proposed Health Reform Legislation Raises (but does not resolve) Important Procedural Issues

By Tim Jost

In our last post we demonstrated that Congress has the authority under Article I of the Constitution to adopt all of the health reform proposals it is currently considering seriously (or at least that the current Supreme Court would uphold the authority of Congress to do so). This does not mean, however, that Congress is […]

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09.23.09

Response: Does Health Care Reform Violate the Real Constitution?

By Tim Jost

In response to Does Health Care Reform Violate the Real Constitution? by Mark A. Hall Mark is correct in identifying the individual mandate as the only component of the proposed health care reform legislation that raises a more than trivial constitutional question. The other elements of the legislation—insurance industry reforms, health insurance exchanges, the employer […]

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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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09.23.09

Welcome to the O’Neill Health Reform Law Blog

By Nan Hunter

I am delighted to welcome you to this new forum for information, discussion and debate on the legal issues implicated in health reform, sponsored by Georgetown Law Center’s O’Neill Institute for National and Global Health Law.  Professors Mark Hall (Wake Forest) and Tim Jost (Washington and Lee), together with law professors and policy experts from […]

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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.

See the full disclaimer and terms of use.