Unconstitutional

By Timothy Stoltzfus Jost
In Health Law
Mar 22nd, 2013
4 Comments
Q. (Tim Jost) Your book explains, for the general reader, what was at stake in the health care fight and what the Supreme Court did.  Why should the general reader care?  All this is old news. A. (Andy Koppleman) If you’re sitting on a hill, and a large boulder rolls past you, it’s a good […]...
By Kate Greenwood
In Health Law
Dec 4th, 2012
2 Comments
Earlier this week, the Second Circuit Court of Appeals at last issued its decision in United States v. Caronia and it is momentous (and predicted to be heading to the Supreme Court).  A two-judge majority of the Circuit Court held that Alfred Caronia, a pharmaceutical sales representative, “was convicted for his speech – for promoting […]...
By Kate Greenwood
In Health Law
Aug 26th, 2012
0 Comments
As Frank Pasquale noted recently at the Health Law Prof Blog and here at HRW, law review scholarship is starting to emerge on the Supreme Court’s holding in National Federation of Independent Business v. Sebelius that the Patient Protection and Affordable Care Act’s expansion of the Medicaid program was an unconstitutionally coercive exercise of Congress...
By Brad Joondeph
In Health Law
Jul 2nd, 2012
0 Comments
[Ed. Note: If you haven’t read this piece from Professor Joondeph first published on the day of the Supreme Court’s decision in the aca litigation blog– you should; it makes great sense that a version of it is posted now at Scotusblog.] (Note: a revised version of this essay is now posted here at SCOTUSblog.) […]...
By Nathan Cortez
In Health Law
Jun 29th, 2012
0 Comments
During his Senate confirmation hearings, John Roberts famously said that he would “call balls and strikes,” and not “pitch or bat.” It was a memorable promise of judicial modesty, but one that sometimes rang hollow after decisions like Citizens United. On Thursday, in a remarkable opinion that surprised almost everyone, Chief Justice Roberts joi...