Mark Hall

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Constitutional Mortality: Precedential Effects of Striking the Individual Mandate

Filed in Health Law by on November 24, 2011 0 Comments
Constitutional Mortality: Precedential Effects of Striking the Individual Mandate
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Professor Mark Hall, Fred D. & Elizabeth L. Turnage Professor of Law, Wake Forest University School of Law Abstract: Because insurance is necessary for decent access to health care, credible studies estimate that eliminating the Affordable Care Act or its individual mandate could cause thousands of avoidable deaths a year. That is sobering, but far […]

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Why the 11th Circuit’s Opinion on Health Care Reform Self-Destructs

Filed in Health Law, Health Reform by on August 14, 2011 1 Comment
Why the 11th Circuit’s Opinion on Health Care Reform Self-Destructs
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Like a tragic literary figure, the 11th Circuit’s opinion declaring the individual mandate unconstitutional is doomed to failure by its own internal contradictions.  What follows is a series of quotes directly from the opinion, paired to show how desperately the majority twisted logic in order to find its path to a unsupportable conclusion: 1.  On […]

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Judge Vinson’s Tea Party Manifesto

Filed in Health Law, Health Reform by on January 31, 2011 3 Comments
Judge Vinson’s Tea Party Manifesto
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On first read, the most striking aspect of Judge Vinson’s ruling today is not its remedy — striking the Affordable Care Act in its entirety — but the impression one gets that the opinion was written in part as a Tea Party Manifesto.

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Commerce Clause Challenges to Health Care Reform

Filed in Health Law, Health Reform by on January 26, 2011 0 Comments
Commerce Clause Challenges to Health Care Reform
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The following article, forthcoming in U. Penn. L. Rev., pinpoints the strongest arguments for and against federal power under the Commerce Clause to mandate the purchase of health insurance:   http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1747189 Among the key points I make in defense of this federal law are: 1.            The “commerce” in question is simply health insurance, and not the […]

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From Justice Story: A Postal Power Parable on Mandating Health Insurance

Filed in Health Reform by on December 19, 2010 0 Comments
From Justice Story: A Postal Power Parable on Mandating Health Insurance
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This just in:  Stirred by the arguments of Randy Barnett, Ilya Somin, Judge Hudson and others, Justice Joseph Story — miraculously from the grave! — has filed an amicus brief in the 4th Circuit appeal on the constitutionality of mandating the purchase of health insurance.  Of note, he wrote his brief in the form of […]

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