Guest posted by Library of Congress Direct Access to Expert Analysis of the Supreme Law of the Land The Senate Committee on Rules and Administration, the Library of Congress, and the Government Printing Office (GPO) mark Constitution Day today by launching a new app and web publication that make analysis and interpretation of constitutional…
By The Petrie-Flom Center
By Julian Urrutia Perhaps surprisingly to some, Colombia has come much further along the path towards universal coverage than many developed countries in the world, including the US. Most of this progress happened precipitously starting in the early 1990’s: while in 1993 fewer than 5% of people in the lowest income quintile had access to…
By Jeremy Kreisberg It is clear that EMTALA aims to prevent hospitals from dumping patients that require emergency care until these patients are stabilized. But whether EMTALA also prevents hospitals from hoarding emergency patients to their detriment is far less clear. Recently, the Tenth Circuit confronted this question in Genova v. Banner Health, a case…
By The Petrie-Flom Center
By Theodore Ruger Cross-posted from Constitution Daily. Last summer, the Supreme Court put its money where its mouth was in terms of federalism doctrine in its landmark decision about the Affordable Care Act (ACA), inNFIB v. Sebelius. By upholding the ACA, with its myriad implementation choices delegated to the states, and by reconfiguring the Act…
Bill of Health contributor Dov Fox has a new op-ed at the Huffington Post on “junk” DNA and the future of genetic privacy in the aftermath of the Supreme Court’s ruling, in Maryland v. King, that police may collect DNA from people under arrest. Fox argues, The next great controversy over forensic DNA won’t have anything to…
By Alex Stein An aggrieved patient files medical malpractice suit against a hospital in which he was treated. The hospital and the patient subsequently settle the suit. Their settlement agreement states that the hospital settles the suit “for the benefit of” a physician who treated the patient. Because the patient did not sue the physician, the…
By Wendy Parmet Public health law took another hit this week. In a unanimous decision (starting on p. 22), the Appellate Division of the New York Supreme Court affirmed a trial court’s earlier ruling striking down the New York City Board of Health’s ban on the sale of large sugary drinks. In an opinion authored by…
By Kevin Outterson Some SCOTUS opinions stir up politics and legislation (think: Roe v Wade). Others tend to end the process. When the Court is interpreting a federal statute, if they get it “wrong” it is of course possible for the elected branches to reverse them. But for some of these issues, political stalemate in…
