Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Health Care The Supreme Court And The Constitutionality Of The Individual Mandate
Download Health Care The Supreme Court And The Constitutionality Of The Individual Mandate full books in PDF, epub, and Kindle. Read online Health Care The Supreme Court And The Constitutionality Of The Individual Mandate ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
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 Is the Individual Health Insurance Mandate Constitutional? by : Jack Painter
Download or read book Is the Individual Health Insurance Mandate Constitutional? written by Jack Painter and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is about to hear a case of great legal and political importance. At issue is the constitutionality of the so-called “individual mandate” in the Patient Protection and Affordable Care Act, which requires most Americans to purchase health insurance starting in 2014 or pay a monetary penalty.The question is whether Congress exceeded its Constitutional power to regulate “Commerce...among the several States” (i.e., regulate interstate commerce) and to make laws “necessary and proper” to carry into effect that power. It's unlikely the Obama Administration can justify the individual mandate as a regulation of interstate commerce. How can the failure to purchase health insurance in itself be considered commerce, let alone interstate commerce? If that is interstate commerce, what can't Congress force us to purchase? For that reason, the outcome of the case will likely turn on whether the individual mandate is both “necessary” and “proper” to carry into effect Congress's power to regulate interstate commerce. To succeed on the “necessary” test, the Obama Administration must make constitutional arguments that don't have any logical limits and therefore give Congress vast powers over our lives, and this undermines its ability to show that the individual mandate also meets the “proper” test, which requires that it be consistent with “the letter and spirit of the constitution.” On its face, the individual mandate fails the "proper" test. It abandons the long-standing legal principle that legally binding contracts require mutual assent and cannot be coerced. This crosses a line the federal government has never crossed and effectively tramples on “The powers...reserved...to the people” under the Tenth Amendment. It is inconsistent with the fundamental concept of self-ownership that underlies the theory of natural rights in the Declaration of Independence - the idea that we own ourselves and, therefore, have the right to be left alone as long as we honor the equal right of others to be left alone. Beyond that, the Administration's expansive view of the commerce power creates a sea of federal power limited only by islands of individual rights (and limits on using the commerce power to regulate non-economic activity), and that is inconsistent with the letter and spirit of the Constitution: It imposes virtually the same limits on federal and state power and, therefore, effectively gives the federal government the same “police powers” as the states. It puts liberty at risk by relying entirely on individual rights to protect us against things like mandated doctor visits and exercise. For example, the Supreme Court has found an unenumerated “right to liberty” only where there is no harm to others. The courts could easily decide that skipping annual physicals or living a sedentary life harms others by raising medical costs for some and insurance premiums for all. The Administration makes the following arguments to allay concerns about the threat to liberty its theories pose, but those arguments don't stand up to scrutiny: The government imposes the equivalent of mandates all the time. Economic mandates are no more intrusive than regulations or prohibitions of chosen activity. Congress can use its taxing power to achieve the same ends, so using the commerce power is permitted. We can rely on the political process to protect our liberty.
Download or read book Unprecedented written by Josh Blackman and published by PublicAffairs. This book was released on 2013-09-10 with total page 354 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 Healthcare Reform by : Andrew Koppelman
Download or read book The Tough Luck Constitution and the Assault on Healthcare Reform written by Andrew Koppelman and published by Oxford University Press. This book was released on 2013-04-11 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at Chief Justice John Roberts' upholding of "Obamacare," and shows how his decision was based on libertarian ideals and may not be a victory, but instead a blow, to progressives.
Book Synopsis Health Care Reform by : Emily M. Bass
Download or read book Health Care Reform written by Emily M. Bass and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is President Obama's health-care law dead? Ever since the United States Supreme Court heard arguments about its constitutionality in late March, speculation has been rife that, at a minimum, the Justices will strike down the individual mandate. The predictions rest on a single assertion: that individuals have never before been required, under the authority of the Commerce Clause, to purchase a product or service from a private party. The assertion is mistaken. There is not only clear precedent for the mandate, but conservative, centrist and liberal Justices alike have embraced the precedent in principle. This includes nearly every member of the current Court, including the Chief Justice and, in order of seniority, Associate Justices Scalia, Kennedy, Thomas, Ginsburg, Breyer and Alito. It also includes former Chief Justice Rehnquist and other eminent Justices from the past. On the current Court, only Justices Sotomayor and Kagan have never had the opportunity to weigh in on the issue.
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 Legal Challenges to Health Reform by : T. R. Goldman
Download or read book Legal Challenges to Health Reform written by T. R. Goldman and published by . This book was released on 2011 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Supreme Court has agreed to rule on the constitutionality of the Affordable Care Act of 2010. On November 14, 2011, the high court granted review of a decision from the US Court of Appeals for the Eleventh Circuit in Atlanta, Georgia, that struck down the constitutionality of the individual mandate, which requires most people to have health insurance coverage or pay a penalty, but held that the rest of the Affordable Care Act could stand. Both the Obama administration and plaintiffs in the case had asked the Supreme Court to review the matter. The high court's decision is expected by the end of June 2012. In addition to reviewing the Eleventh Circuit's decision against the mandate, the Supreme Court will consider three other related matters: whether the individual mandate, if found unconstitutional, can be severed from the remainder of the health care law; whether consideration of the mandate is premature based on a federal law that bars court challenges to any tax until the tax is actually collected; and whether Congress exceeded its constitutional authority and was "coercive" toward the states in expanding Medicaid to enroll many of the nation's uninsured people. This brief provides background on these issues.
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 The Supreme Court Opens the Road to Health Care Reform, But Will California Meet the Challenge? by : Craig B. Garner
Download or read book The Supreme Court Opens the Road to Health Care Reform, But Will California Meet the Challenge? written by Craig B. Garner and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article provides an overview of the landmark 2012 United States Supreme Court decision National Federation of Independent Business v. Sebelius. Almost 28 months after President Barack Obama signed the Affordable Care Act (ACA) into law, the Supreme Court upheld the constitutionality of health care reform. Though the underlying arguments set forth in the majority opinion venture deep into the labyrinth of constitutional law and test the traditional boundaries of federalism, the holding itself is clear and concise: the ACA's individual mandate is constitutional; and the Medicaid expansion provisions found within the ACA survive, but the Federal Government is prohibited from penalizing '[s]tates that choose not to participate in [the Medicaid expansion] by taking away their existing Medicaid funding.' The decision promises to have a dramatic effect for decades into the future.
Book Synopsis Purchase Health Insurance Or Else by : Matthew R. Hracho
Download or read book Purchase Health Insurance Or Else written by Matthew R. Hracho and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On March 23, 2010, President Obama signed comprehensive health care legislation into law. Although historic, attorneys general from twelve states have filed suit against the federal government challenging the constitutionality of the bill. Specifically, the constitutional challenges focus on the individual health insurance mandate included in the bill. The mandate requires that all citizens have health insurance by 2014 or pay a fine. This Comment analyzes the congressional powers provided by the United States Constitution and the Supreme Court's interpretation of those powers to show why the individual health insurance mandate is unconstitutional.
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.
Download or read book The Chief written by Joan Biskupic and published by Basic Books. 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 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.
Book Synopsis What a Supreme Court Decision to Eliminate the Individual Mandate Could Mean for Coverage and Costs by :
Download or read book What a Supreme Court Decision to Eliminate the Individual Mandate Could Mean for Coverage and Costs written by and published by . This book was released on 2012 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is expected to rule soon on the constitutionality of the Affordable Care Act's individual mandate. Without the mandate, the ACA would be less effective in reducing the number of uninsured and cutting the cost of uncompensated care. However, even if the High Court rejects the mandate, policies such as late enrollment penalties and excluding care for pre-existing conditions for a period of time could preserve high levels of coverage in the ACA.
Book Synopsis Obligatory Health by : Noa Ben-Asher
Download or read book Obligatory Health written by Noa Ben-Asher and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court will soon rule on the constitutionality of the Patient Protection and Affordable Care Act passed in March 2010. Courts thus far are divided on the question whether Congress had authority under the Commerce Clause to impose the Act's “Individual Mandate” to purchase health insurance. At this moment, the public and legal debate can benefit from a clearer understanding of the underlying rights claims. This Article offers two principal contributions. First, this Article argues that, while the constitutional question technically turns on the interpretation of congressional power under the Commerce Clause, underlying these debates is a tension between liberty and equality. At a time when some scholars are emphasizing the convergence of liberty and equality, the healthcare debates accentuate the friction between these two foundational principles of American jurisprudence. Second, this Article offers a supplement to the rights-based orientation of both liberty and equality claims: the perspective of individual obligation. This Article argues that a society committed to values such as equality may sometimes need to achieve its goals through the recognition of individual obligation. The Act embodies this insight. It is a legislation that simultaneously reflects social commitment to equality and the individual obligation of members of society to help others realize their basic human needs.
