AGENDA NOW AVAILABLE: 2015 Annual Conference
Law, Religion, and Health in America

Saturday, May 09, 2015
Conferences
2014-2015
Wasserstein Hall, Milstein East BC
1585 Massachusetts Ave., Cambridge, MA

Registration is now available online! Conference DescriptionReligion and medicine have historically gone hand in hand, but increasingly have come into…

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King v. Burwell and the Future of the Affordable Care Act

Wednesday, April 01, 2015 8:00 AM - 12:00 PM
Conferences
2014-2015
Wasserstein Hall, Milstein East B
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

This Term, in King v. Burwell, the Supreme Court will consider whether the Affordable Care Act permits the government to extend…

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Book Launch: Identified versus Statistical Lives:
An Interdisciplinary Approach

Wednesday, March 11, 2015 12:00 PM
Lectures and Panels
2014-2015
Wasserstein Hall, Room 2012
Harvard Law School, 1585 Massachusetts Ave., Cambridge, MA

Identified versus Statistical Lives: An Interdisciplinary Approach is an edited volume that grew out of the 2012 conference "Identified versus Statistical…

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White House Crafts Health Law Arguments To Appeal To Conservative Justices

Kaiser Health News, February 26, 2015

KHN Morning Briefing: Summaries of health policy coverage from major news organizations. When the Supreme Court hears arguments in King v. Burwell, the Obama administration lawyers will highlight states' rights…

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Founding Faculty Director Einer Elhauge Cited in SCOTUS Decision

Petrie-Flom, February 25, 2015

On February 25, 2015, the Supreme Court handed down a decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission. The majority opinion, handed down by Justice Kennedy, cited…

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Flood of Briefs on the Health Care Law’s Subsidies Hits the Supreme Court

New York Times, February 21, 2015
by Robert Pear

WASHINGTON — Liberal groups are emphasizing states’ rights, a theme calculated to appeal to conservative Supreme Court justices. The insurance industry, once a foe, has come to the aid of President Obama. Conservatives…

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Some GOP Governors Vow To Make No Changes If High Court Invalidates Subsidies

Kaiser Health News, February 17, 2015

KHN Morning Briefing: Summaries of health policy coverage from major news organizations. Reuters surveyed officials in the states that would be directly affected if the Supreme Court strikes down federal…

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Contrived Threats v. Uncontrived Warnings:

by Einer Elhauge (Founding Faculty Director)

Abstract: Inducing agreement to a contract or condition by using threats to engage in otherwise lawful action is sometimes lawful, but sometimes unlawful, under the doctrines of contractual duress, unconstitutional…

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Vaccinations Are States’ Call

New York Times, February 16, 2015
by Denise Grady

Henning Jacobson just said no. Even though Massachusetts required it, he did not want to be vaccinated. He had had a bad reaction to a vaccine, and he opposed vaccination…

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Beyond BPA:

NPR, February 16, 2015
by Jon Hamilton

BPA-free isn't good enough anymore if you're trying to sell plastic sippy cups, water bottles and food containers. The new standard may be "EA-free," which means free of not only BPA,…

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A Cancer Cluster Is Tough to Prove

New York Times, February 16, 2015
by George Johnson

Last month, thousands of Marines and their families were blocked in federal court from pursuing their claim that the government had given them cancer. The decision, involving people exposed to contaminated drinking water…

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Supreme Court Health Law Decision Could Have High Costs For Consumers, Hospitals

Kaiser Health News, February 13, 2015

KHN Morning Briefing: Summaries of health policy coverage from major news organizations. The high court's decision could result in millions of people losing access to financial assistance for health insurance,…

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Questions Continue About Plaintiffs In Pending Supreme Court Health Law Challenge

Kaiser Health News, February 12, 2015

KHN Morning Briefing: Summaries of health policy coverage from major news organizations. The questions have to do with whether plaintiffs in King. v. Burwell have standing in the lawsuit and…

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Canada to allow doctor-assisted suicide

BBC News, February 6, 2015

Canada's Supreme Court has ruled that doctors may help patients who have severe and incurable medical conditions to die, overturning a 1993 ban. [...]

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Third Annual Health Law Year in P/Review collaborative blogging with Health Affairs

Petrie-Flom, February 5, 2015

The Third Annual Health Law Year in P/Review was a big success!  Video will be posted on our website shortly, but our presenters will be posting on their respective topics…

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Republicans release Obamacare Plan B in case of repeal or court ruling:

Washington Times, February 4, 2015
by Tom Howell Jr., quoting Matthew J. B. Lawrence (Academic Fellow)

[...] Matthew Lawrence, who teaches a seminar on Obamacare at Harvard Law School , said the administration’s silence is unsurprising for several reasons. Any planning  may be in its early stages, and…

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Will Lie Detectors Ever Get Their Day in Court Again?

BloombergBusiness, February 2, 2015
by Matt Stroud

[...] Lie detectors are used for background checks and job screenings—and in police investigations when officers want to extract information from a suspect. But lie detectors aren't allowed inside the courtroom…

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Third Annual Health Law Year in P/Review

Friday, January 30, 2015 7:45 AM - 5:00 PM
Conferences
2014-2015
Wasserstein Hall, Milstein East AB
1585 Massachusetts Avenue, Cambridge, MA

Couldn't make it in person? Join the discussion on Twitter! #2015HealthLawPReview The Third Annual Health Law Year in P/Review symposium…

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GOP Lawmakers Won’t Preserve Health Subsidies If The High Court Strikes Them From Law

Kaiser Health News, January 30, 2015

KHN Morning Briefing: Summaries of health policy coverage from major news organizations. This signal from congressional Republicans ups the ante regarding the legal challenge to the Affordable Care Act that…

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Hatch op-ed being used to defend Obamacare in Supreme Court case

Washington Times, January 29, 2015
by Tom Howell Jr.

[...] In cases like these, it is fairly common for interested parties to “use whatever they can to flavor their arguments in the briefs,” said I. Glenn Cohen, a health…

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Supreme Court Rules in Favor of Teva Over Patent for Multiple Sclerosis Drug

New York Times, January 20, 2015
by Reuters

WASHINGTON — The Supreme Court on Tuesday ruled that Teva Pharmaceutical Industries could still benefit from patent protection for a multiple sclerosis drug, dealing a blow to makers of generic…

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Supreme Court Battle Brewing Over Medicaid Fees

Kaiser Health News, January 12, 2015
by Phil Galewitz

PALM BEACH GARDENS, Fla. — Rita Gorenflo’s 7-year-old son Nathaniel was in severe pain from a sinus infection. But since the boy was covered by Medicaid, she couldn’t immediately find…

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Connecticut Teenager With Cancer Loses Court Fight to Refuse Chemotherapy

New York Times, January 9, 2015
by Elizabeth A. Harris

The police were banging on the doors and the windows of her home while she cowered in the closet, a 17-year-old girl recounted. She remembered clutching her phone, crying, calling…

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Courts wrestle with wave of new state abortion laws

Politico, January 8, 2015
by Paige Winfield Cunningham, quoting I. Glenn Cohen (Faculty Director)

[...] As courts weigh the legal challenges to these laws, they’re being asked to spell out exactly how far states can go in regulating abortion and what requirements go too…

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Texas Abortion Clinic Rules Tested in Appeals Court

New York Times, January 7, 2015
by Erik Eckholm

NEW ORLEANS — Lawyers for abortion clinics squared off with Texas state attorneys in a federal appeals court here on Wednesday, arguing over the constitutionality of stringent abortion clinic rules that would…

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After Botched Execution, Oklahoma Is to Resume Lethal Injections

New York Times, December 22, 2014
by Erik Eckholm

A federal judge in Oklahoma City on Monday said that the state can resume executing prisoners this winter, rejecting the argument by some medical experts that using the same sedative…

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Obesity ‘could be a disability’ - EU courts rule

BBC News, December 18, 2014

Obesity can constitute a disability in certain circumstances, the EU's highest court has ruled. The European Court of Justice was asked to consider the case of a male childminder in…

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Appeals Court Cancels Arguments on Health Law Subsidies

Wall Street Journal, November 12, 2014
by Jess Bravin

A federal appeals court on Wednesday canceled December arguments over health insurance tax credits under the Affordable Care Act, following the Supreme Court’s Nov. 7 decision to review the issue…

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Who Would Have Health Insurance if Medicaid Expansion Weren’t Optional

New York Times, November 3, 2014
by Kevin Quealy and Margot Sanger-Katz

In 2012, the Supreme Court ruled that a cornerstone of the Affordable Care Act — its expansion of Medicaid to low-income people around the country — must be optional for…

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Texas Women Forced to Reassess After New Ruling on Abortions

New York Times, October 3, 2014
by Laura Tillman and Erik Eckholm

The day after a federal appeals court allowed stringent new abortion restrictions to take effect in Texas, patients arrived on Friday at Whole Woman’s Health here in the Rio Grande Valley to…

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Health Law Gets Reprieve As Appeals Court Agrees To Rehear Key Case

NPR, September 4, 2014
by Julie Rovner

The controversial federal court decision that threatened the future of the Affordable Care Act is no more. The full District of Columbia Court of Appeals Thursday agreed to rehear Halbig v.…

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Will Textualism Kill Obamacare?

The New Yorker, September 3, 2014
by Jeffrey Toobin

The Affordable Care Act is heading for another near-death experience in the Supreme Court. In July, a divided panel of the U.S. Court of Appeals for the D.C. Circuit issued…

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Federal Judge Blocks Texas Restriction on Abortion Clinics

NPR, August 29, 2014
by Carrie Feibel

A federal judge in Austin struck down part of a Texas law that would have required all abortion clinics in the state to meet the same standards as outpatient surgical…

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California Court Limits Caregiver Suits

New York Times, August 19, 2014
by Judith Graham

The California Supreme Court has ruled that a home health aide may not sue a client with Alzheimer’s disease for an injury incurred on the job. The case is one of the…

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The Question Doctors Can’t Ask:

The Atlantic, August 11, 2014
by James Hamblin

When police in Texas City, Texas, arrived at a suburban apartment on August 7, they found an eight-year-old boy who was seriously injured. He had been shot in the face,…

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Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert at Harvard…

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Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert at Harvard…

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Appeals court rules FDA can continue allowing antibiotics in animal feed:

Al Jazeera America, July 24, 2014
by Marisa Taylor

A federal appeals court ruled Thursday that the U.S. Food and Drug Administration can continue its policy of allowing widespread antibiotic use in animal feed – a practice believed by…

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BREAKING — D.C. Circuit strikes down tax credits in federal exchanges

Washington Post, July 22, 2014
by Jonathan H. Adler

This morning the U.S. Court of Appeals for the D.C. Circuit released its much awaited opinion in Halbig v. Burwell.  In a 2-1 opinion, the Court held that the Internal Revenue…

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D.C. appeals panel deals big blow to Obamacare subsidies:

Washington Times, July 22, 2014
by Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] To redress the potentially fatal blow to its signature law, the administration will likely seek an “en banc” hearing on the case by all the judges in the D.C. Circuit. That…

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D.C. appeals panel deals big blow to Obamacare subsidies:

Washington Times, July 22, 2014
by Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] To redress the potentially fatal blow to its signature law, the administration will likely seek an “en banc” hearing on the case by all the judges in the D.C. Circuit. That…

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Democratic Effort To Override Hobby Lobby Ruling Fails

NPR, July 16, 2014
by Alan Greenblatt

A Democratic effort to override the Supreme Court's recent ruling on contraceptive coverage failed in the Senate on Wednesday. Bill sponsors fell four votes short of the 60 votes needed…

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After Hobby Lobby, ACA exceptions may become the rule

Reuters, July 15, 2014
by Interview with Holly Fernandez Lynch (Executive Director)

Holly Fernandez Lynch analyzes the impact of the Supreme Court's recent decision, saying the Religious Freedom Restoration Act (RFRA), passed by Congress, will shape the impact as much as the…

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Abortion Clinic Protections Proposed in Massachusetts

New York Times, July 14, 2014
by Jess Bidgood

BOSTON — Massachusetts lawmakers expressed support for a bill filed on Monday that they say would address safety concerns that arose when theUnited States Supreme Court last month struck down 35-foot buffer zones…

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Dozens Of Religious Groups Refuse To Sign Contraceptive Opt-Out

Kaiser Health News, July 14, 2014

The two-page form, designed to accommodate religious beliefs, is regarded as an untenable compromise by some religious employers, reports The New York Times. Meanwhile, GOP governors see little fallout from…

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Conflicting Views Of Supreme Court’s Contraception Decision Cloud Other Cases

Kaiser Health News, July 8, 2014
by Julie Rovner

The Supreme Court’s decision last week that some for-profit corporations don’t have to comply with the contraceptive coverage mandate under the Affordable Care Act may have raised more questions than…

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When Religious Freedom Clashes with Access to Care:

NEJM, July 2, 2014
by I. Glenn Cohen (Faculty Director), Holly Fernandez Lynch (Executive Director), Gregory Curfman

At the tail end of this year's Supreme Court term, religious freedom came into sharp conflict with the government's interest in providing affordable access to health care. In a consolidated…

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Hobby Lobby stunner:

Washington Times, June 30, 2014
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Holly Lynch, a health and ethics expert at Harvard Law School, said she was “not surprised in the least that contraceptives in particular were not covered directly in the…

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Court strikes down abortion clinic buffer zones

Washington Post, June 26, 2014
by Robert Barnes

The Supreme Court on Thursday unanimously struck down protest-free buffer zones around abortion clinics in Massachusetts as an unconstitutional infringement on free speech. But Chief Justice John G. Roberts Jr.’s…

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