Mark’s response to Richard Epstein’s observations on the constitutionality of the Senate bill certainly does the job, but I will add a few notes. First, although Epstein’s article is much more attentive to the actual details of the law than is much of Epstein’s writing on health care topics, he is selectively attentive, as Mark […]
The formidable Richard Epstein has launched the latest attack on the constitutionality of health care reform. He argues that minimum medical loss ratios coupled with tougher insurance standards are “confiscatory” rate regulation that vioate the Takings Clause or substantive due process. As with other right-wing constitutional attacks, he suggests this conclusion is firmly based in […]
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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.