Articles Posted in Health Law

Chapman University law professor Ronald Rotunda discusses the statutory interpretation question at issue in the U.S. Supreme Court case King v. Burwell, which could resolve the fate of Obamacare.

Cornell University professor Michael Dorf discusses last week’s oral arguments in King v. Burwell, the case in which the U.S. Supreme Court is expected to decide the fate of the Affordable Care Act (Obamacare). Dorf contends that there are three distinct arguments through which the government could successfully defend the law if the Court finds the language of the statute unclear.

Cornell University law professor Sherry Colb discusses a Michigan pediatrician’s decision not to see as a patient the infant child of a lesbian couple.

Cardozo law professor Marci Hamilton calls upon state legislators to repeal the laws that permit parents to refuse to vaccinate their children to the children’s detriment as well as to the detriment of the public.

Cornell University law professor Michael Dorf explains why parents who choose not to vaccinate their children include people from both the libertarian right and the liberal left.

U.C. Davis law professor Vikram David Amar continues his discussion on how federalism cuts against the challengers to the Obamacare statute in King v. Burwell. In this second of a two-part series, Amar addresses some counterarguments to his thesis that federalism principles bolster the federal government’s position in that case.

U.C. Davis Law professor Vikram David Amar explains how the U.S. Supreme Court’s 2012 decision in National Federation of Independent Business v. Sebelius—upholding Obamacare as a proper exercise of Congress’s tax powers and striking down a significant expansion of Medicaid—weakens the case of subsequent challengers to Obamacare in King v. Burwell.

George Washington University law professor and economist Neil Buchanan explains why recent events detracting from the Affordable Care Act might lead to serious consideration of a single-payer health care system. Buchanan includes in his discussion the Supreme Court’s recent decision in NFIB v. Sebelius, a careless statement by economist Jonathan Gruber, and the upcoming challenge of it before the Supreme Court, King v. Burwell.

Cornell University law professor Michael Dorf discusses some of the issues that will likely arise when the U.S. Supreme Court considers the statutory challenge to the Patient Protection and Affordable Care Act, or Obamacare, in the upcoming case King v. Burwell.

Justia columnist and former counsel to the president John W. Dean comments on the present Ebola panic and politicians’ reactions to it. Dean critiques these reactions as not based on medical knowledge and instead serving only to deter people from assisting to contain the international epidemic.

Cardozo Law professor Marci Hamilton explains how extreme religious liberty undermines the ability of the government to quarantine individuals with Ebola or other highly infectious diseases.

Cornell University law professor Michael Dorf discusses the constitutional basis for, and limitations on, the quarantine of individuals for public health purposes, such as to prevent the spread of Ebola.

Cornell University law professor Michael Dorf discusses two federal appeals courts’ recent diverging decisions over Obamacare subsidies. Dorf contrasts the method of statutory interpretation used by the majority of a panel of the U.S. Court of Appeals for the D.C. Circuit, which struck down the subsidies, with that of the Court of Appeals for the Fourth Circuit, which upheld them.

Cardozo Law professor Marci Hamilton comments on a recent statement by the Wisconsin Insurance Commissioner that purportedly applies the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. to that state’s law. Hamilton critiques the interpretation as misunderstanding the federal Religious Freedom Restoration Act (RFRA) and calls upon state courts not only to correctly understand the scope of the Hobby Lobby decision, but to reject the Hobby Lobby majority’s reasoning when interpreting their own state’s laws.

Guest columnist and Touro Law Center professor Rodger Citron comments on the litigation in New York over a rule prohibiting food-service establishments from serving sugary drinks in sizes larger than sixteen ounces. Citron describes the arguments put forth by each side and explains why the critical issue is whether the Board of Health's has the authority to promulgate such a rule.

Justia columnist, George Washington law professor, and economist Neil Buchanan explains why, now that the ACA’s enrollment target has been met—which means that the health care law will not collapse from lack of adequate participation—it is time for America to move on to a single-payer healthcare system in the near future.

Justia guest columnist, UNLV law professor, and visiting UC Irvine law professor Leslie Griffin comments on the recent controversy regarding Notre Dame, of which she is an alumna. Professor Griffin comments on Notre Dame’s arguments, which include one relating to the Catholic concept of scandal, and another that postulates that whenever Notre Dame signs the form objecting to contraception, the complaint triggers the provision of free objectionable coverage to Notre Dame’s employees in a manner contrary to its beliefs. Notre Dame also argues that by signing the objection, it facilitates contraception, and, by doing so, it will lead many to think that Notre Dame condones these services, and hence undermines its role, as a Catholic educational institution, to educate others on a matter of religious and moral significance. Griffin offers strong counterarguments, both logical and legal, to Notre Dame’s contentions.

Justia columnist, George Washington law professor, and economist Neil Buchanan points out important advantages of the Affordable Care Act (ACA). For instance, the ACA's decoupling of work and health insurance frees workers who had stayed in their positions simply because they needed the health insurance, rather than changing jobs and/or enjoying some leisure or time with family and friends. Buchanan suggests that freedom-loving conservatives ought to applaud that new freedom which the ACA creates. In addition, on a more theoretical level, Buchanan explains how, in his view, the imbroglio over the CBO’s report exposed the arbitrariness of conservative economics.

Justia columnist, George Washington law professor, and economist Neil Buchanan thoroughly debunks the oft-cited Republican claim that Obamacare will “kill” millions of jobs. Moreover, Buchanan points to some of the important pluses of Obamacare, such as the end of “job lock,” which occurs when a worker is stuck in a job he or she wants to leave, but cannot do so due to the fear of losing his or her health insurance.

Justia columnist and Cornell law professor Sherry Colb comments on the situation of a pregnant 33-year-old woman in Texas whose family has been unable to have her removed from life support, notwithstanding her wishes and those of her family. The obstacle is a Texas law that prohibits the withdrawal or withholding of life-sustaining treatment from a pregnant patient. Colb contends that while political groups have weighed in—in predictable ways, corresponding to their views regarding abortion—in fact we should analyze the dilemma as in some respects, legally and morally distinct from the situation that confronts us in the abortion context, as she explains.