Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Nfib V Sebelius
Download Nfib V Sebelius full books in PDF, epub, and Kindle. Read online Nfib V Sebelius ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis The Conflict of Visions in NFIB V. Sebelius by : Jonathan H. Adler
Download or read book The Conflict of Visions in NFIB V. Sebelius written by Jonathan H. Adler and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2010, few anticipated the fate of health care reform would rest with the Supreme Court. Yet National Federation of Independent Business v. Sebelius emerged as a watershed case that could remake the constitutional landscape. NFIB presented a conflict between two constitutional visions of federal power, and the role of the courts in policing such limits - an unconstrained vision, under which limits on federal power are enforced primarily through the political process, and a constrained vision, under which constitutional limits on federal power are enforced by the courts. The contrasting views of the constitutionality of the individual mandate and the Medicaid expansion did not reflect different applications of settled principles so much as allegiance to competing visions of federal power. This essay, prepared for Drake University Constitutional Law Center's 2014 Symposium on “The U.S. Supreme Court's Obamacare Decision and Its Significance for the 50th Anniversary of LBJ's Great Society,” details this conflict, its resolution by the NFIB, and possible future implications.
Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Download or read book NFIB V. Sebelius written by Erika Lunder and published by . This book was released on 2012 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis NFIB V. Sebelius and the Right to Health Care by : Jack Michael Beermann
Download or read book NFIB V. Sebelius and the Right to Health Care written by Jack Michael Beermann and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important roles government plays in contemporary society is protecting people from unsafe products and environmental conditions. Although the Supreme Court has rejected calls to read the Constitution of the United States to include positive rights, this article's central claim is that the Supreme Court's rejection of the Medicaid expansion in the Patient Protection and Affordable Care Act makes sense only if the Constitution is understood as requiring government to provide for the health, safety and welfare of its citizens. It's not that Chief Justice Roberts intended this implication, but if states did not feel obligated to provide, in this instance, health care, they would not have felt coerced, as the Court's opinion concluded they were, into accepting the Medicaid expansion. Congress violates this understanding when it enacts irrational exceptions to health, safety and welfare programs, such as the 1975 Proxmire Amendment which limits the FDA's authority to regulate vitamins and supplements. Even if courts do not strike down irrational exceptions to health, safety and welfare laws, their inconsistency with government's basic obligation to its citizens should make legislators and regulators hesitate before enacting or promulgating them.
Book Synopsis Federalism, Liberty, and Risk in NIFB V. Sebelius by : Aziz Z. Huq
Download or read book Federalism, Liberty, and Risk in NIFB V. Sebelius written by Aziz Z. Huq and published by . This book was released on 2013 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyzes the Supreme Court's decision in National Federation of Independent Business (NFIB) v. Sebelius. Contra conventional wisdom, it argues that the pivotal opinion of Chief Justice Roberts is not well explained in federalism terms. Rather, the decision is best understood in light of entrenched historical understandings of the federal government's appropriate role in managing diverse species of risk.
Book Synopsis The People Themselves by : Larry Kramer
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Book Synopsis Death and Taxes in NFIB V. Sebelius by : Paul Gowder
Download or read book Death and Taxes in NFIB V. Sebelius written by Paul Gowder and published by . This book was released on 2013 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 358 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 Selected Issues Related to the Effect of NFIB v. Sebelius on the Medicaid Expansion Requirements in Section 2001 of the Affordable Care Act by : Swendiman
Download or read book Selected Issues Related to the Effect of NFIB v. Sebelius on the Medicaid Expansion Requirements in Section 2001 of the Affordable Care Act written by Swendiman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conditional Spending After NFIB V. Sebelius by : Eloise Pasachoff
Download or read book Conditional Spending After NFIB V. Sebelius written by Eloise Pasachoff and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In NFIB v. Sebelius, the Supreme Court's recent case addressing the constitutionality of the Affordable Care Act, the Court concluded that the expansion of Medicaid in that Act was unconstitutionally coercive and therefore exceeded the scope of Congress's authority under the Spending Clause. This was the first time that the Court treated coercion as an issue of more than mere theoretical possibility under the Spending Clause. In the wake of the Court's decision, commentators have expressed either the concern or the hope that NFIB's coercion analysis may lead to the undoing of much of the federal regulatory state, which substantially relies on the spending power. This article argues that both this concern and this hope are misplaced. Taking federal education law as a test case for future coercion analysis -- since federal funding given to the states for elementary and secondary education is second only to federal funding for Medicaid -- the article concludes that NFIB's coercion inquiry is unlikely to lead to much else being found unconstitutional. The major federal education laws, and by implication other conditional spending laws, will not likely find their demise under the Court's analysis. Nonetheless, NFIB will likely have some effect on the future of federal education law. It should put a damper on calls to dramatically increase federal education funding; encourage the trend towards smaller grants of limited duration, especially those that bypass the states; result in some structural changes both in funding and enforcement; and, somewhat paradoxically for a decision that found the Medicaid enforcement regime coercive, may lead to greater federal enforcement of conditional spending laws.
Book Synopsis So It's a Tax, Now What? Some of the Problems Remaining After NFIB V. Sebelius by : Timothy Sandefur
Download or read book So It's a Tax, Now What? Some of the Problems Remaining After NFIB V. Sebelius written by Timothy Sandefur and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few predicted the Supreme Court's ruling in NFIB v. Sebelius to conclude that the “Individual Mandate” provision of the Patient Protection And Affordable Care Act (PPACA) is not a regulation of interstate commerce, but is instead a tax on persons who do not choose to buy “minimum acceptable” health insurance. This legal theory was addressed in only a few pages of the government's extensive briefing in the case and occupied practically no time during the unusual, three-day oral arguments. To this day, the Obama Administration, which claims to have won the case, has refused to accept this “Tax Power” theory. Those of us who oppose the law on legal and policy grounds must, however, live with the decision, and, what is harder, try to make sense of it. This article will address some of the questions that remain in the wake of the NFIB decision. In Part I, I review the rationale of NFIB, and one especially significant problem that remains with regard to Commerce and Tax Clause jurisprudence. In Part II, I take the decision's Tax Power rationale at its word: how does converting the Individual Mandate into a tax change the effect and the constitutionality of the PPACA? In Parts III through V, I address three constitutional problems with the constitutionality of this tax -- the Apportionment, Uniformity, and Origination Clauses, respectively. I conclude that, even if recharacterized as a tax, the requirement to buy a health insurance policy is unconstitutional.
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 Summary of the United States Supreme Court Decision on the Federal Affordable Care Act - National Federation of Independent Business Versus Sebelius by : North Dakota. Legislative Assembly. Legislative Council
Download or read book Summary of the United States Supreme Court Decision on the Federal Affordable Care Act - National Federation of Independent Business Versus Sebelius written by North Dakota. Legislative Assembly. Legislative Council and published by . This book was released on 2012 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Book Synopsis Safeguarding Federalism by Saving Health Reform by : Brietta R. Clark
Download or read book Safeguarding Federalism by Saving Health Reform written by Brietta R. Clark and published by . This book was released on 2013 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: On June 28, 2012, the Supreme Court issued one of its most anticipated decisions in National Federation of Independent Business v. Sebelius (“NFIB”) - the constitutional challenge to the Patient Protection and Affordable Care Act (“ACA”). Two main goals of the ACA - increasing private insurance coverage and the Medicaid expansion - have been the targets of a number of legal challenges that reached the Supreme Court in NFIB. The first, and the one that has received the most attention, was the challenge to the individual mandate as exceeding Congress's commerce and taxing powers. The second was a challenge to the structure of the Medicaid expansion as coercive in violation of the Tenth Amendment limit on Congress's spending power. Reform opponents claimed that upholding the mandate would lead to an unprecedented expansion of federal power. They shaped the dominant narrative that presented federal power as an inherent threat to state sovereignty and individual liberty. In this narrative, NFIB presented the Court with a dichotomous choice: Would the conservative majority - Chief Justice Roberts, along with Justices Alito, Scalia, Thomas, and Kennedy - take this opportunity to further limit federal power, or could the liberal wing of the court sway one of the other Justices (most wrongly predicted Justice Kennedy) to uphold the mandate? The Court surprised many by answering “yes” to both.The Court upheld the mandate as a constitutional exercise of the taxing power and preserved the Medicaid expansion as an option for states, but Chief Justice Roberts's approach defied the simplistic narrative that dominated commentary before the decision. By upholding the mandate and the ACA, the Court has preserved a powerful new version of cooperative federalism in healthcare - one that creates a federal platform for state experimentation, innovation, and regulation to facilitate meaningful choice in the private health-insurance market. At the same time, however, Chief Justice Roberts penned certain parts of the opinion that may advance more traditional federalist aims of limiting the commerce and spending powers.
Book Synopsis NFIB V. Sibelius and the Individual Mandate by : Kyle D. Logue
Download or read book NFIB V. Sibelius and the Individual Mandate written by Kyle D. Logue and published by . This book was released on 2017 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should Congress's taxing power be broader than its regulatory power? Put differently, should the courts, on federalism grounds, be more willing to strike down federal laws that are adopted under the Commerce Clause than federal laws that are adopted under the taxing power? The Supreme Court thinks so. While the Court has on occasion held that Congress's has exceeded its regulatory power by unconstitutionally encroaching on the regulatory domain properly reserved to the states, the Court has never found that Congress has exceeded its taxing power. Moreover, the Court recently (and famously) doubled-down on the position that Congress's taxing power exceeds it regulatory power in the landmark case of National Federation of Independent Businesses v. Sebelius [“NFIB”], which upheld the Affordable Care Act's “individual mandate” on taxing-power grounds. Whether it makes normative sense for the Court to treat Congress's taxing-power as being broader than its regulatory power is the question this Article explores. The Article concludes that the way the Court has drawn the distinction between taxes and regulations, or between taxes and penalties (which, as I will point out, are a type of regulatory provisions), is both counter-intuitive and could create incentives that inefficiently alter Congress's choices among various policy instruments. The Article also provides an alternative way of drawing the tax/regulation distinction that does not suffer from this problem. The Article ultimately concludes, however, that the tax/regulation dichotomy should probably be abandoned; and it concludes that the Supreme Court was right to uphold the Affordable Care Act's individual health-insurance mandate, though for reasons different than ones the Court offered.
