Health Care The Supreme Court And The Constitutionality Of The Individual Mandate
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Health Care The Supreme Court And The Constitutionality Of The Individual Mandate
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Author : Remi Aston
language : en
Publisher: Nova Science Publishers
Release Date : 2013
Health Care The Supreme Court And The Constitutionality Of The Individual Mandate written by Remi Aston and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
As part of the Patient Protection and Affordable Care Act (ACA), as amended, Congress enacted the "individual mandate", which requires certain individuals to have a minimum level of health insurance. Individuals who fail to do so may be subject to a monetary penalty, administered through the tax code. Prior to ACA, Congress had never required individuals to buy health insurance, and there had been significant debate over whether the individual mandate was within the scope of Congress's legislative powers. This book provides an overview of the Patient Protection and Affordable Care ACT (ACA), the Supreme Court and the constitutionality of the "individual mandate".
The Health Care Case
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Author : Nathaniel Persily
language : en
Publisher: Oxford University Press
Release Date : 2013-06-12
The Health Care Case written by Nathaniel Persily and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-12 with Law categories.
The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. Like the legislative battle leading to adoption of ?Obamacare?, the litigation took many unexpected twists and turns, culminating in a surprising, fractured and confusing decision from the Supreme Court. 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.
Unprecedented
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Author : Josh Blackman
language : en
Publisher: PublicAffairs
Release Date : 2013-09-10
Unprecedented written by Josh Blackman and has been published by PublicAffairs this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-10 with Law categories.
Foreword by Randy E. Barnett In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy" -- his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey -- including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
The Tough Luck Constitution And The Assault On Healthcare Reform
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Author : Andrew Koppelman
language : en
Publisher: Oxford University Press
Release Date : 2013-04-11
The Tough Luck Constitution And The Assault On Healthcare Reform written by Andrew Koppelman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-11 with Health & Fitness categories.
Looks at Chief Justice John Roberts' upholding of "Obamacare," and shows how his decision was based on libertarian ideals and may not be a victory, but instead a blow, to progressives.
Constitutionality Of The Individual Mandate
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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 2011
Constitutionality Of The Individual Mandate written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
The Affordable Care Act Decision
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Author : Fritz Allhoff
language : en
Publisher: Routledge
Release Date : 2014-02-18
The Affordable Care Act Decision written by Fritz Allhoff and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-18 with Philosophy categories.
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.
Why John Roberts Was Wrong About Healthcare
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Author : Sen. Mike Lee
language : en
Publisher: Simon and Schuster
Release Date : 2013-06-17
Why John Roberts Was Wrong About Healthcare written by Sen. Mike Lee and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Political Science categories.
An original ebook from the current US senator to Utah, explaining why Chief Justice Roberts was wrong to disregard the Constitution in making his historic and controversial healthcare decision. During Chief Justice Roberts’s first seven terms on the Supreme Court of the United States, he distinguished himself as a fair-minded jurist and a true constitutional scholar—a man seemingly committed to the rule of law and to core constitutional principles. That hard-earned distinction was turned on its head when, on June 28, 2012, the Chief Justice—writing for a five-to-four majority in National Federation of Independent Businesses v. Sebilius—essentially re-wrote key provisions of Obamacare in order to uphold the law, and allow it to be approved, in the face of a justified constitutional challenge. Now United States Senator Mike Lee presents a conservative critique of this controversial ruling, and explains why John Roberts in particular was wrong to vote to preserve the act. In an attempt to be perceived as fair in the mainstream media, Roberts allowed himself to be swayed by outside influences -- influences to which a Supreme Court justice is supposed to be absolutely immune. Not only that, Senator Lee explains, Roberts conceded that much of the Obamacare act was unconstitutional; yet he instructed states simply to ignore those parts, instead of recognizing that those parts made the entire act invalid. A smart, fair and evenhanded argument, Why John Roberts Was Wrong provides a definitive, concise argument against Obamacare.
The Constitutionality Of Mandates To Purchase Health Insurance
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Author : Mark A. Hall
language : en
Publisher:
Release Date :
The Constitutionality Of Mandates To Purchase Health Insurance written by Mark A. Hall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Obamacare On Trial
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Author : Einer Elhauge
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2012
Obamacare On Trial written by Einer Elhauge and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Health care reform categories.
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.
The Constitutionality Of The Affordable Care Act
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 2011
The Constitutionality Of The Affordable Care Act written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Constitutional law categories.