Appeals Court Overturns FDA’s Partial Ban on Shock Devices: Analysis of Ruling
The court held that prohibiting electrical stimulation in some settings, but not others, runs afoul of a “practice of medicine” statutory provision.
David Orentlicher
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Read more: Appeals Court Overturns FDA’s Partial Ban on Shock Devices: Analysis of Ruling -
Read more: Medicare for the Poor Medicare for the Poor
By David Orentlicher While Medicare-for-All has proved controversial, every Democratic presidential candidate should embrace one of its key elements—folding the Medicaid program into the Medicare program. That would be much better for patients, doctors, and hospitals. It also would be much better for public school children. Medicare would be a much better program for patients,…
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Read more: Sustaining the Promise of Universal Access Sustaining the Promise of Universal Access
By David Orentlicher Should the United States achieve universal access to health care by adopting a single-payer, Medicare-for-All kind of system? Or should we build on the Affordable Care Act (ACA) and not disrupt the health care coverage of the 160 million Americans who have private health insurance? Both reforms rely on important arguments about…
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Read more: Promoting Health, Not Just Health Care Promoting Health, Not Just Health Care
By David Orentlicher Once again this past Thursday, the Democratic presidential candidate debate began on the topic of health care reform, and moderator George Stephanopoulos quickly steered the discussion to what he termed “the heart” of the debate. Should the United States increase access to care by building on the Affordable Care Act (ACA) or…
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Read more: How the GOP Misread Public Anger over Obamacare How the GOP Misread Public Anger over Obamacare
By David Orentlicher In today’s New York Times, Kate Zernike reports on the lack of excitement among conservative activists for the Republican health care legislation. As Zernike observes, “President Trump and congressional leaders are getting little support from what were once the loudest anti-Obamacare voices.” Some observers think that activists are disappointed in the failure of…
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Read more: Most-Cited Health Law Scholars (with an update on multiple authors) Most-Cited Health Law Scholars (with an update on multiple authors)
By Mark A. Hall and I. Glenn Cohen Based on the law faculty citation analysis done by Greg Sisk, Brian Leiter has compiled “most-cited” rankings of tenured law faculty in a number of different subject areas, but not health law. Naturally, we would be curious to know how we and colleagues might show up in such…
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Read more: Is Mike Pence’s Medicaid Expansion a Blueprint for Donald Trump’s Health Care Reform? Is Mike Pence’s Medicaid Expansion a Blueprint for Donald Trump’s Health Care Reform?
By David Orentlicher [cross-posted at orentlicher.tumblr.com] Donald Trump’s pledge to repeal and replace the Affordable Care Act has looked much more like a plan for repeal than a plan to replace, especially in light of the kinds of reform proposals advanced by leading Republicans in Congress, including Trump’s designee for Secretary of HHS, U.S. Rep….
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Read more: Surrogacy Contracts Directly Enforcible in Pennsylvania Surrogacy Contracts Directly Enforcible in Pennsylvania
By John A. Robertson Surrogacy is legal in many states. Some, like California, directly enforce gestational carrier contracts. Others, like Texas, Illinois, and Virginia, enforce only those contracts that are entered into by a married couple who need a surrogate for medical reasons which a judge approves before embryo transfer occurs. A Pennsylvania court has…
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Read more: Fetal Personhood and the Constitution Fetal Personhood and the Constitution
By John A. Robertson The Rubio-Huckabee claim that actual and legal personhood start at conception has drawn trenchant responses from Art Caplan on the medical uncertainty of such a claim and David Orentlicher, drawing on Judith Thomson’s famous article, that even if a fetus is a person, woman would not necessarily have a duty to…
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Read more: Abortion and the Fetal Personhood Fallacy Abortion and the Fetal Personhood Fallacy
By David Orentlicher [cross-posted at HealthLawProfs blog and orentlicher.tumblr.com] Marco Rubio, Mike Huckabee, and other politicians continue to assert a common fallacy about abortion—because human life begins at conception, fetuses are persons, and abortion must be prohibited. Indeed, Huckabee and Rubio claim that the U.S. Constitution requires such a result. But they are wrong. And not just because…