O’Neill Institute for National and Global Health LawO’Neill Institute for National and Global Health LawLegal Issues in Health Reform

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Monthly Archives: September 2009

A Further Thought on State Nullification

I would put this a bit more strongly than Mark. Talk of state nullification argues powerfully for the federal government directly enforcing insurance reforms and administering the exchanges and premium subsidies, the approach taken by the House bill HR 3200, rather than depending on the states in implement the reforms, the approach taken by the […]

Civil War Redux

As Tim Jost well explains, the principle of Federal Supremacy is so well settled that the threat by some state governors or legislators to bar their citizens from complying with federal health care reform is overt legal defiance, or a form of civil disobedience if you will. Civil disobedience might be justified in some circumstances, […]

Firing Again on Fort Sumter

The health law reform constitutional law issue de jour seems to be whether the states by adopting amendments to their own constitutions can block implementation of the individual mandate on their soil. See the New York Times article, Health Care Overhaul and Mandatory Coverage Stir States’ Rights Claims. Most notably, Arizona has placed a constitutional […]

Substance Over Process

Tim Jost is correct that procedural issues are being neglected in the tortuous legislative process that hopefully is leading to some meaningful reform.  But, we all know the quip about making sausages and laws.  Administrative and judicial remedies may simply need to be part of the long list of issues that Congress comes back to later, […]

CBS Covers Constitutionality Debate

From CBS News: Is Mandatory Health Insurance Constitutional? In the last few days, a new argument has emerged in the debate over Democratic health care proposals: Are they constitutional? More precisely, can the federal government force Americans to buy health insurance? “Mandatory Insurance Is Unconstitutional” is the unapologetic title of an op-ed last week in […]

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