By Christopher Robertson Paul Gowder (Iowa Law) has shared a draft of his new article, Death and Taxes in NFIB v Sebelius. Gowder thoughtfully develops some of the themes that I gestured towards in my “Lopsided Giant” post last week, trying to figure out how the Roberts opinion could uphold the constitutionality of the individual mandate as…
As you have already heard a few times on this blog, Professor Einer Elhauge, the Petrie-Flom Center’s Founding Faculty Director and Petrie Professor of Law at Harvard Law School, has a new book out on health care reform called Obamacare on Trial. The book collects various essays that Prof. Elhauge published in popular media outlets, along with…
Video is now available from Einer Elhauge‘s recent Obamacare on Trial book talk and panel discussion with Glenn Cohen, Abbby Moncrieff, Sanford Levinson, and John McDonough. Check it out: https://www.law.harvard.edu/media/2012/11/01_ms.mov There’s also a new review of the book by the National Law Review available here.
By Christopher Robertson Professor Elhauge‘s provocative little book, Obamacare on Trial, has many of us rethinking and revisiting the NFIB v. Sebelius decision, and I had a chance to attend the nice book talk featuring Professor Elhauge and several interlocutors last week. Chief Justice Roberts’ opinion in the case is not prominently textualist (since contemporaneous dictionary…
By Holly Fernandez Lynch Well, hopefully we’ll know the fate of the ACA by tonight. But even if President Obama wins, there will still be uncertainty about the fate of the contraceptives coverage mandate. A number of employers claim that the mandate violates their rights to religious freedom by requiring them to offer free coverage…
By Nicolas Terry When the 2012 history of health care is written, which date will have the largest entry, November 5 or 6? Of course, many (but not that many) provisions of the Affordable Care Act will live or die depending on how the election affects control of the White House and Senate. But, November 5…
by Jonathan J. Darrow Until recently, most ordinary people had never heard of “pharmacy compounding.” Then, a number of deaths and illnesses caused by a drug that was compounded in a Framingham, Massachusetts pharmacy propelled drug compounding to the national spotlight (see, e.g., Denise Grady et al., Scant Oversight of Drug Maker in Fatal Meningitis…
Obamacare on Trial Book talk and panel discussion by Einer Elhauge, Carroll and Milton Petrie Professor of Law, Harvard Law School (and founding director of the Petrie-Flom Center) Panelists: I. Glenn Cohen, Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, Harvard Law School Abigail Moncrieff, Boston University School of Law (and former PFC fellow) Sanford Levinson, University of Texas…
By Michelle Meyer As most readers of this blog well know, health disparities of various kinds are rampant in the U.S. — in obesity, infant mortality and morbidity, cardiovascular health, and many other areas. In most cases, however, we seem to know more about the extent of health disparities than we do about what causes…
By Nicole Huberfeld Earlier this week, Jonathan Adler wrote in the National Review Online that challenges to the individual mandate were just beginning. And today, Oklahoma’s September challenge to the ACA is making headlines. As I have described before, one of the new theories by which Jonathan Adler and the Cato Institute are seeking to…
