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Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
Page : 324 pages
File Size : 36,49 MB
Release : 2011
Category : Constitutional law
ISBN :
Author : United States Congress
Publisher : Createspace Independent Publishing Platform
Page : 320 pages
File Size : 34,2 MB
Release : 2017-10-09
Category :
ISBN : 9781978101562
The constitutionality of the Affordable Care Act : hearing before the Committee on the Judiciary, United States Senate, One Hundred Twelfth Congress, first session, February 2, 2011.
Author : United States Senate
Publisher :
Page : 322 pages
File Size : 10,93 MB
Release : 2019-10-30
Category :
ISBN : 9781703811933
The constitutionality of the Affordable Care Act: hearing before the Committee on the Judiciary, United States Senate, One Hundred Twelfth Congress, first session, February 2, 2011.
Author : Andrew Koppelman
Publisher : Oxford University Press
Page : 195 pages
File Size : 42,27 MB
Release : 2013-02-22
Category : Law
ISBN : 0199970033
Chief Justice John Roberts stunned the nation by upholding the Affordable Care Act--more commonly known as Obamacare. But legal experts observed that the decision might prove a strategic defeat for progressives. Roberts grounded his decision on Congress's power to tax. He dismissed the claim that it is allowed under the Constitution's commerce clause, which has been the basis of virtually all federal regulation--now thrown in doubt. In The Tough Luck Constitution and the Assault on Health Care Reform, Andrew Koppelman explains how the Court's conservatives embraced the arguments of a fringe libertarian legal movement bent on eviscerating the modern social welfare state. They instead advocate what Koppelman calls a "tough luck" philosophy: if you fall on hard times, too bad for you. He argues that the rule they proposed--that the government can't make citizens buy things--has nothing to do with the Constitution, and that it is in fact useless to stop real abuses of power, as it was tailor-made to block this one law after its opponents had lost in the legislature. He goes on to dismantle the high court's construction of the commerce clause, arguing that it almost crippled America's ability to reverse rising health-care costs and shrinking access. Koppelman also places the Affordable Care Act within a broader historical context. The Constitution was written to increase central power, he notes, after the failure of the Articles of Confederation. The Supreme Court's previous limitations on Congressional power have proved unfortunate: it has struck down anti-lynching laws, civil-rights protections, and declared that child-labor laws would end "all freedom of commerce, and . . . our system of government [would] be practically destroyed." Both somehow survived after the court revisited these precedents. Koppelman notes that the arguments used against Obamacare are radically new--not based on established constitutional principles. Ranging from early constitutional history to potential consequences, this is the definitive postmortem of this landmark case.
Author : Nathaniel Persily
Publisher : Oxford University Press
Page : 401 pages
File Size : 48,96 MB
Release : 2013-06-12
Category : Law
ISBN : 0199354413
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.
Author : Fritz Allhoff
Publisher : Routledge
Page : 358 pages
File Size : 24,89 MB
Release : 2014-02-18
Category : Philosophy
ISBN : 113464101X
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.
Author : Josh Blackman
Publisher : PublicAffairs
Page : 354 pages
File Size : 49,92 MB
Release : 2013-09-10
Category : Law
ISBN : 1610393295
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.
Author : R. Barnett
Publisher : Springer
Page : 303 pages
File Size : 20,47 MB
Release : 2013-11-12
Category : Political Science
ISBN : 1137363738
The Affordable Care Act debate was one of the most important and most public examinations of the Constitution in our history. At the forefront of that debate were the bloggers of the Volokh Conspiracy who, from before the law was even passed, engaged in a spirited, erudite, and accessible discussion of the legal issues involved in the case.
Author : Jonathan Gruber
Publisher : Macmillan
Page : 162 pages
File Size : 40,96 MB
Release : 2011-12-20
Category : Comics & Graphic Novels
ISBN : 0809094622
"A graphic explanation of the PPACA act"--Provided by publisher.
Author : Remi Aston
Publisher : Nova Science Publishers
Page : 0 pages
File Size : 39,71 MB
Release : 2013
Category : Constitutional law
ISBN : 9781624171475
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".