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Health Care The Supreme Court And The Constitutionality Of The Individual Mandate
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Book Synopsis Health Care, the Supreme Court and the Constitutionality of the Individual Mandate by : Remi Aston
Download or read book Health Care, the Supreme Court and the Constitutionality of the Individual Mandate written by Remi Aston and published by Nova Science Publishers. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the Patient Protection and Affordable Care Act (ACA), as amended, Congress enacted the "individual mandate", which requires certain individuals to have a minimum level of health insurance. Individuals who fail to do so may be subject to a monetary penalty, administered through the tax code. Prior to ACA, Congress had never required individuals to buy health insurance, and there had been significant debate over whether the individual mandate was within the scope of Congress's legislative powers. This book provides an overview of the Patient Protection and Affordable Care ACT (ACA), the Supreme Court and the constitutionality of the "individual mandate".
Book Synopsis The Health Care Case by : Nathaniel Persily
Download or read book The Health Care Case written by Nathaniel Persily and published by Oxford University Press, USA. This book was released on 2013-07-04 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.
Book Synopsis The Tough Luck Constitution and the Assault on Health Care Reform by : Andrew Koppelman
Download or read book The Tough Luck Constitution and the Assault on Health Care Reform written by Andrew Koppelman and published by Oxford University Press. This book was released on 2013-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.
Download or read book Unprecedented written by Josh Blackman and published by PublicAffairs. This book was released on 2013-09-10 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword by Randy E. Barnett In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy" -- his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey -- including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
Book Synopsis The Tough Luck Constitution and the Assault on Health Care Reform by : Andrew Koppelman
Download or read book The Tough Luck Constitution and the Assault on Health Care Reform written by Andrew Koppelman and published by Oxford University Press. This book was released on 2013-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.
Book Synopsis ObamaCare on Trial by : Einer Elhauge
Download or read book ObamaCare on Trial written by Einer Elhauge and published by Createspace Independent Publishing Platform. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short book analyzes the Obamacare case - focusing on many points the Supreme Court was never told about - including the fact that the constitutional framers themselves had approved mandates to buy health insurance! "Anyone who cares about the Supreme Court's approach to constitutional issues - and especially about the claims of some Justices that they try to follow the Constitution's original meaning - must read Einer Elhauge's devastating analysis of what all nine Justices, and the hundreds of advocates whose briefs and arguments they studied, simply failed to take into account when the Supreme Court decided the Health Care Case of 2012. No history of that decision will be complete unless it includes this brilliant and eminently readable little book - a book that deserves to become an instant classic." - Laurence H. Tribe, Harvard Law Professor, leading constitutional law scholar, acclaimed Supreme Court advocate, and author of many books, including the highly influential treatise, American Constitutional Law. "An illuminating analysis of the Supreme Court decision on Obamacare that offers rigor and insight, written by a brilliant legal mind." - Amy Chua, Yale Law Professor and author of World on Fire, Days of Empire, and Battle Hymn of the Tiger Mother. "Einer Elhauge is the single best and most incisive commentator on the constitutionality of the individual mandate and the Affordable Care Act more generally. His gathering of precedent and penetrating analysis will convince you that much of the Court's arguments were mistaken." - Ezekiel J. Emanuel, M.D., Ph.D., University of Pennsylvania Professor and Chair of the Department of Medical Ethics and Health Policy, former Special Advisor for Health Policy to the Obama White House OMB, New York Times columnist, and author of many books on health care. "Elhauge asked a brilliant and devastatingly simple question of the Supreme Court's so-called 'originalists.' They simply ignored it. This beautiful book tells a story history won't forget." - Lawrence Lessig, Harvard Law Professor, and leading scholar and author of many books on Constitutional Law and Internet Law. "Einer Elhauge brings to the debate over the individual mandate an extraordinary combination of skills: he is deeply knowledgeable about health policy, and he is also a terrific lawyer. This book is the result of his exceptional insight, and it demonstrates why the attacks on the health care reform law were so utterly misguided. Anyone who wants to understand this chapter in our history should read this book." - David Strauss, University of Chicago Law Professor, author of The Living Constitution, and leading constitutional law scholar who has argued 18 cases before the Supreme Court. "Elhauge's lucid account of the battle over health care mandates seeks answers to important questions wherever they may lie, without letting policy preferences or political ideology drive outcomes. That's a rare and refreshing approach. He re-inspires confidence in the notion that the Constitution's principles can unite people with disparate views, rather than being bent by a bare majority to whatever preordained task is at hand." - Jonathan Zittrain, Harvard Law Professor, co-director of the Berkman Center, and author of The Future of the Internet -- And How to Stop It.
Book Synopsis The Affordable Care Act Decision by : Fritz Allhoff
Download or read book The Affordable Care Act Decision written by Fritz Allhoff and published by Routledge. This book was released on 2014-02-18 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications.
Book Synopsis Constitutionality of the Individual Mandate by : United States. Congress. House. Committee on the Judiciary
Download or read book Constitutionality of the Individual Mandate written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2011 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Conspiracy Against Obamacare by : R. Barnett
Download or read book A Conspiracy Against Obamacare written by R. Barnett and published by Springer. This book was released on 2013-11-12 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.
Download or read book The Chief written by Joan Biskupic and published by Hachette UK. This book was released on 2019-03-26 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
Book Synopsis The Affordable Care Act by : Tamara Thompson
Download or read book The Affordable Care Act written by Tamara Thompson and published by Greenhaven Publishing LLC. This book was released on 2014-12-02 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Patient Protection and Affordable Care Act (ACA) was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage, and reduce the costs of healthcare overall. Along with sweeping change came sweeping criticisms and issues. This book explores the pros and cons of the Affordable Care Act, and explains who benefits from the ACA. Readers will learn how the economy is affected by the ACA, and the impact of the ACA rollout.
Book Synopsis Why John Roberts Was Wrong About Healthcare by : Sen. Mike Lee
Download or read book Why John Roberts Was Wrong About Healthcare written by Sen. Mike Lee and published by Simon and Schuster. This book was released on 2013-06-17 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original ebook from the current US senator to Utah, explaining why Chief Justice Roberts was wrong to disregard the Constitution in making his historic and controversial healthcare decision. During Chief Justice Roberts’s first seven terms on the Supreme Court of the United States, he distinguished himself as a fair-minded jurist and a true constitutional scholar—a man seemingly committed to the rule of law and to core constitutional principles. That hard-earned distinction was turned on its head when, on June 28, 2012, the Chief Justice—writing for a five-to-four majority in National Federation of Independent Businesses v. Sebilius—essentially re-wrote key provisions of Obamacare in order to uphold the law, and allow it to be approved, in the face of a justified constitutional challenge. Now United States Senator Mike Lee presents a conservative critique of this controversial ruling, and explains why John Roberts in particular was wrong to vote to preserve the act. In an attempt to be perceived as fair in the mainstream media, Roberts allowed himself to be swayed by outside influences -- influences to which a Supreme Court justice is supposed to be absolutely immune. Not only that, Senator Lee explains, Roberts conceded that much of the Obamacare act was unconstitutional; yet he instructed states simply to ignore those parts, instead of recognizing that those parts made the entire act invalid. A smart, fair and evenhanded argument, Why John Roberts Was Wrong provides a definitive, concise argument against Obamacare.
Book Synopsis Health Care Reform by : Jonathan Gruber
Download or read book Health Care Reform written by Jonathan Gruber and published by Macmillan. This book was released on 2011-12-20 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A graphic explanation of the PPACA act"--Provided by publisher.
Book Synopsis The Constitutionality of the Affordable Care Act by : United States. Congress. Senate. Committee on the Judiciary
Download or read book The Constitutionality of the Affordable Care Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2011 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis 111th United States Congress by : Wilma Quinn
Download or read book 111th United States Congress written by Wilma Quinn and published by . This book was released on 2012-05-08 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: What's so special about Patient Protection And Affordable Care Act?In this new, compelling book from author Wilma Quinn, find out more about Patient Protection And Affordable Care Act ...The Patient Protection and Affordable Care Act, informally referred to as Obamacare, is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law is the principal health care reform legislation of the 111th United States Congress. PPACA requires individuals not covered by employer- or government-sponsored insurance plans to maintain minimal essential health insurance coverage or pay a penalty unless exempted for religious beliefs or financial hardship, a provision commonly referred to as the "individual mandate". The Act also reforms certain aspects of the private health insurance industry and public health insurance programs, increases insurance coverage of pre-existing conditions, expands access to insurance to 30??million Americans, and increases projected national medical spending while lowering projected Medicare spending.PPACA passed the Senate on December 24, 2009, by a vote of 60???39 with all Democrats and two Independents voting for, and all Republicans voting against. It passed the House of Representatives on March 21, 2010, by a vote of 219???212, with 34 Democrats and all 178 Republicans voting against the bill.A majority of the states, and numerous organizations and individual persons, have filed actions in federal court challenging the constitutionality of some or all of the elements of PPACA. As of January 2012, two of four federal appellate courts have upheld it; a third declared the individual mandate unconstitutional, while a fourth ruled the federal Anti-Injunction Act prevents the issue from being decided until taxpayers begin paying penalties in 2015. The Supreme Court heard six hours of oral argument on March 26???28, 2012, and is expected to issue its decision by the end of June.So, what seperates this book from the rest?A comprehensive narrative of Patient Protection And Affordable Care Act, this book gives a full understanding of the subject.A brief guide of subject areas covered in "111th United States Congress - Patient Protection And Affordable Care Act" include -- Patient Protection and Affordable Care Act- Health care reform in the United States- Health care reform debate in the United States- Health care reforms proposed during the Obama administration- United States public debt- Contraceptive mandates- Florida v. United States Department of Health and Human Services- Virginia v. Sebelius- Patient Protection and Affordable Care Act CasesFind out more of this subject, it's intricacies and it's nuances. Discover more about it's importance. Develop a level of understanding required to comprehend this fascinating concept.Author Wilma Quinn has worked hard researching and compiling this fundamental work, and is proud to bring you "111th United States Congress - Patient Protection And Affordable Care Act" ...Read this book today ...
Download or read book Unraveled written by Josh Blackman and published by Cambridge University Press. This book was released on 2016-09-26 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.
Book Synopsis Rethinking the New Deal Court by : Barry Cushman
Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
