Health Law & Litigation | Related Articles

Commerce Clause +/–

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American Center for Law and Justice, Individual Mandate? Is it Constitutional (2009)
Randy Barnett, Nathaniel Stewart & Todd Gaziano, Why the Personal Mandate to Buy Health Insurance is Unprecedented and Unconstitutional, Legal Memorandum 49 (The Heritage Foundation) (2009)
Randy Barnett, Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, 5 New York University Journal of Law and Liberty (2010)
Erwin Chemerinsky & David Rivkin, Individual Health Care Insurance Mandate Debate, The Federalist Society (2009)
Matthew R. Farley, Challenging Supremacy: Virginia's response to the Patient Protection and Affordable Care Act, 45 University of Richmond Law Review (2010)
Daniel Fisher, Obamacare Lives?, 187:4 Forbes, vol. 187 (2011)
Mark A. Hall, The Constitutionality of Mandates to Purchase Individual Insurance, Journal of Law, Medicine and Ethics (2009)
Mark A. Hall, The Factual Bases for Constitutional Challenges to Federal Health Insurance Reform, North Kentucky Law Review (forthcoming 2011)
Candice Hoke, Constitutional Impediments to National Health Reform: Tenth Amendment and Spending Clause Hurdles, 21 Hastings Constitutional Law Quarterly 489 (1993-94)
Matthew R. Hracho, Purchase Health Insurance or Else: Why Individual Health Insurance Mandates Enacted by the Federal Government are Unconstitutional, Working Paper (2010)
Wilson Ray Huhn, Constitutionality of the Patient Protection and Affordable Care Act Under the Commerce Clause and the Necessary and Proper Clause, Journal of Legal Medicine (forthcoming 2011)
Timothy S. Jost, Health Insurance Exchanges in Health Care Reform Legal and Policy Issues (Oct. 23, 2009)
Timothy S. Jost, Health Insurance Exchanges: Legal Issues, Journal of Law, Medicine and Ethics (2009)
Timothy S. Jost, State Lawsuits Won't Succeed in Overturning the Individual Mandate, 29 Health Affairs (2010)
Andrew Koppelman, Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform, Northwestern Public Law Research Paper No. 11-25 (2011)
Simon Lazarus, Mandatory Health Insurance: Is It Constitutional?, American Constitution Society for Law and Policy (2009)
Wendy K. Mariner, George J. Annas & Leonard H. Glantz, Can Congress Make You Buy Broccoli? And Why That's a Hard Question, 364 New England Journal of Medicine (2011)
Rob Natelson, On the Constitution, Beware the Word "Clearly", 10th Amendment Center (Jan. 23, 2010)
Ryan C. Patterson, "Are You Serious?": Examining the Constitutionality of an Individual Mandate for Health Insurance, 85 Notre Dame Law Review (2004)
David Rivkin et al., Debate: A Healthy Debate: The Constitutionality of an Individual Mandate, 158 University of Pennsylvania Law Review Pennumbra 93 (2009)
Sara Rosenbaum, Buying Health Care, the Individual Mandate, and the Constitution, 363 New England Journal of Medicine 401 (2010)
Sallie Thieme Sanford, Is Health Reform Constitutional?, JURIST Legal News and Research (Apr. 2010)
Ilya Shapiro, Pro & Con State Suits Against Health Reform Are Well Grounded in Law--And Pose Serious Challenges, 29 Health Affairs (2010)
Jennifer Staman et al., Questions Regarding Employer Responsibility Requirements and Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act, Congressional Research Service (2010)
Jennifer Staman et al., Requiring Individual to Obtain Health Insurance: A Constitutional Analysis, Congressional Research Service (Feb. 1, 2011)
Peter Urbanowicz & Dennis G. Smith, Constitutional Implications of an 'Individual Mandate' in Health Care Reform, The Federalist Society (2009)

Constitutionality +/–

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Greg Abbott, Attorney General of Texas, Letter (2010)
Jonathan Adler, Cooperation, Commandeering, or Crowding Out? Federal Intervention and State Choices in Health Care Policy, Kansas Journal of Law and Public Policy (Mar. 27, 2011)
Akhil Amar, The Lawfulness of Health Reform, Yale L.J. Online (June 1, 2011)
Jack Balkin, Commerce, 109 Mich. L. R. 1 (2010)
Randy E. Barnett & Mark A. Hall, Constitutional Challenges to Health Insurance Reform, 4 Journal of Health & Life Sciences Law (2010)
Randy Barnett, Jack Balkin's Interaction Theory of 'Commerce', U. Ill. L. R. (forthcoming)
Randy Barnett, The Tea Party, The Constitution, and the Repeal Amendment, 101 Nw. U. L. Rev. Colloquy 281 (2011)
Randy Barnett, Turning Citizens into Subjects: Why the Health Insurance Mandate is Unconstitutional, Mercer Law Review (Winter 2011)
Elizabeth Bondurant and Steven D. Henry, Constitutional Challenges to the Patient Protection and Affordable Care Act, 78 Def. Couns. J. 249 (2011)
Kent Masterson Brown, Constitutionality Terminal: Mandating Health Insurance Exceeds Congressional Authority, 24 Legal Backgrounder (Washington Legal Foundation) (Nov. 20, 2009)
David Cole, Is Health Care Reform Unconstitutional?, The New York Review of Books 9 (Feb. 24, 2011)
Congressional Research Service, Requring Individual to Obtain Health Insurance: A Constitutional Analysis, Congressional Research Service (Feb. 1, 2011)
Elenora E. Connors & Timothy M. Westmoreland, Legal Solutions in Health Reform: Project Overview and Emerging Themes, O'Neill Institute (2009)
Michael C. Dorf, The Constitutionality of Health Reform, Part I: The Misguided Libertarian Objection, FindLaw (Oct. 21, 2009)
Michael C. Dorf, The Constitutionality of Health Reform, Part II: Congressional Power, FindLaw (Nov. 2, 2009)
Brian Galle, The Taxing Power, Affordable Care Act, and the Limits of Constitutional Compromise, Yale L.J. Online (April 5, 2011)
T.R. Goldman, Health Policy Brief: Legal Challenges to Health Reform, Robert Wood Johnson Foundation/ Health Affairs (July 8, 2011)
Lawrence O. Gostin & Elenora E. Connors, Health Care Reform: A Historic Moment in US Health Policy, 303 JAMA (2010)
Mark Hall, Clearing Out the Underbrush in Constitutional Challenges to Health Insurance Reform, N. Eng. J. Med., vol. 364 (2011)
Mark Hall, Commerce Clause Challneges to Health Care Reform (Revised Version), University of Pennsylvania Law Review (June, 2011)
James G. Hodge, Congress, Courts, and Commerce: Upholding the Individual Mandate to Protect the Public's Health, Journal of Law, Medicine, and Ethics (Spring 2011)
Mark Hutchinson, Health Care Legislation: One Lawyer's Journey Through the Constitutional Question of Our Time, Nevada Lawyer (June, 2011)
Ashby Jones, On Health Care and the Constitution: When Does the High Court Step In?, Wall Street Journal Law Blog (Aug. 12, 2011)
Timothy Stoltzfus Jost, Can Congress Regulate "Inactivity" (and Make Americans Buy Health Insurance)?, N. Eng. J. Med. Online (Feb. 16, 2011)
Timothy Stoltzfus Jost, Court Says Plaintiffs Have No Standing to Challenge Affordable Care Act, Health Affairs (Sep. 9, 2011)
Timothy Stoltzfus Jost, In First Appellate Decision, a Significant Victory for the Affordable Care Act, Health Affairs (June 30, 2011)
Timothy S. Jost, State Lawsuits Won't Succeed in Overturning the Individual Mandate, 29 Health Affairs (2010)
Brent Kendall, Health Law Survives Another Appeal, Wall Street Journal (8-Nov-11)
Brent Kendall, Judges Give Health Overhaul Mixed Reception, Wall St. J. (June 2, 2011)
Scott Lemieux, Decision Season, The American Prospect (28-Sep-11)
Wendy K. Mariner, George J. Annas, and Leonard H. Glantz, Can Congress Make You Buy Broccoli? And Why That's a Hard Question, N. Eng. J. Med. Online (Dec. 22, 2010)
Brian J. McKenna, Health Care Reform: The Constituional Challenges to the Individual Mandate, Illinois Bar Journal (May 11, 2011)
John McKinney, Connecticut Attorney General, Letter (2010)
Robert Moffett, Obamacare and the Individual Mandate: Violating Personal Liberty and Federalism, , The Heritage Institute Web Memo (Jan. 18, 2011)
David Rivkin, Why ObamaCare is Losing in the Courts, Wall Street Journal (June 14, 2011)
Kevin Sack, Appellate Court Hears Defense of Health Law, N.Y. Times (May 11, 2011)
Kevin Sack, Battle Over Health Care Law Shifts to Federal Appellate Courts, N.Y. Times (May 9, 2011)
William Sage, The Legal Battle Over Healt Reform: Analyzing the 11th Circuit Opinions, Health Affairs (Aug. 16, 2011)
John Schwartz, Health Law Survives Test In Court Of Appeals, New York Times (8-Nov-11)
Ilya Shapiro, State Suits Against Health Reform are Well Grounded in Law - and Pose Serious Challenges, 29 Health Aff. 6 (2010)
Niel Siegel, Free-riding on Benevolence: Collective Action Federalism and the Individual Mandate, SSRN Working Paper Series (May 20, 2011)
Judith Solomon, Efforts to Nullify Health Reform Likely to Fail, But Could Interfere with Law's Implementation, Center on Budget and Policy Priorities (Apr. 7 2010)
Ilya Somin, Taking Stock of Comstock: The Necessary and Proper Clause and the Limits of Federal Power, Cato Supreme Court Review, 239-268 (2009-2010)
Laurence Tribe, On Health Care, Justice Will Prevail, N.Y. Times (Feb. 7, 2011)
Kevin Walsh, The Ghost that Slew the Mandate, SSRN Working Paper Series (Jan. 26, 2011)
Tim Westmoreland, Jacqueline Scott & Sara P. Hoverter, Framing Paper: 10, Legal Issues (2008)
Steven J. Willis, Nakku Chung, Of Constitutional Decapitation and Healthcare, Tax Notes (July 12, 2011)
Elizabeth Wydra, The States, Health Care Reform, and the Constitution, 2 Issue Brief (Constitutional Accountability Center) (Apr. 7, 2010)

Description of the Cases +/–

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Alliance For Health Reform’s toolkit, Legal Challenges to Health Reform (2010)
Randall R. Bovbjerg, Are State Challenges to the Legality of the Patient Protection and Affordable Care Act Likely to Succeed?, Urban Institute (2010)
Colorado Ethics Watch, Health Care Litigation: What Will it Cost Colorado (Apr. 13, 2010)
Mel Cousins, The Health Care Reform Act and Constitutional Challenges (Round 1): Virginia v. Sebelius, Thomas More Law Centre v. Obama; Florida v. United States Dept. of Health and Human Services and US Citizens v. Sebelius, Working Paper Series (Jan. 2011)
Vince Galloro, The Fight Against Reform, 40 Modern Healthcare (2010)
Mark A. Hall, Clearing Out the Underbrush in Constitutional Challenges to Health Insurance Reform, 364 New England Journal of Medicine (2011)
Mark A. Hall, Constitutional Challenges to Compulsory Insurance: A Guide Through the Gauntlet, 41 Hastings Center Report 14 (2011)
Mark A. Hall, Health Care Reform--What Went Wrong on the Way to the Courthouse, 364 New England Journal of Medicine (2011)
D.J. Huff, Constitutional Challenges to the Patient Protection and Affordable Care Act, Journal of the Medical Association of Georgia 26 (2010)
Timothy Jost, Sanction the 18 State AGs, National Law Journal (2010)
Progressive States Network, Tracking Legislative Repeal Efforts and Providing Advice to Progressive State Legislators (2010)
Project Hope, The End of the Beginning: Enactment of Health Reform, 29 Health Affairs (2010)
Sarah Rosenbaum, A "Broader Regulatory Scheme"--the Constitutionality of Health Care Reform, 363 New England Journal of Medicine (2010)
Janice Hopkins Tanne, Court Gives Go Ahead for 20 States to Challenge US Health Reform, 341 British Medical Journal (2010)
Roger Vinson, Obamacare is Unconstitutional, Cato Policy Report (Mar. 2011)

Federalism +/–

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Jonathan Adler, Cooperation, Commandeering, or Crowding Out? Federal Intervention and State Choices in Health Care Policy, Kansas Journal of Law and Public Policy (Mar. 27, 2011)
Akhil Amar, The Lawfulness of Health Reform, Yale L.J. Online (June 1, 2011)
Blake Bell, State Nullification of the Patient Protection and Affordable Care Act of 2010: Is It an Option?, Journal of the Mississippi State Medical Association (May 11, 2011)
Patrick McKinley Brennan, The Individual Mandate, Sovereignty, and the Ends of Good Government: A Reply to Professor Randy Barnett, University of Pennsylvania Law Review (forthcoming 2011)
Lawrence D. Brown, Re-Figuring Federalism: Nation and State in Health Reform's Next Round, Working Paper (2009)
Madhu Chugh, Executive Authority to Reform Health: Options and Limitations, Journal of Law, Medicine and Ethics (2009)
Linda Greenhouse, Breaking News: The Civil War is Over, New York Times Opinionator Blog (Sep. 21, 2011)
Scott L. Greer & Peter D. Jacobson, Health Care Reform and Federalism, 35 Journal of Health, Politics, Policy and Law (2010)
Nan D. Hunter, An American View, Federalism and Health Law, Working Paper (2008)
Nan D. Hunter, Health Insurance Reform and Intimations of Citizenship, University of Pennsylvania Law Review (forthcoming 2011)
Peter Jacobson, The Rose of ERISA Preemption in Health Reform, Journal of Law, Medicine and Ethics (2009)
Timothy S. Jost, Can the States Nullify Health Care Reform?, New England Journal of Medicine (2010)
Timothy S. Jost, Health Reform Requires Law Reform, 28 Health Affairs (2010)
Elizabeth Weeks Leonard, Rhetorical Federalism: The Role of State Resistance in Health Care Decision Making, 39 Journal of Law, Medicine and Ethics (2011)
Robert Moffit, Back to Basics on Health Care Reform, The Heritage Foundation Health Reform Report (Feb. 7, 2011)
Robert Moffit, Obamacare and the Individual Mandate: Violating Personal Liberty and Federalism, Web Memo #3103 (The Heritage Institute) (Jan. 18, 2011)
Amy Monahan, Federalism, Federal Regulation, or Free Market? An Examination of Mandated health Benefit Reform, 5 University of Illinois Law Review 1361 (2007)
Robert Natelson & David Kopel, 'Health Laws of Every Description': John Marshall's ruling on a Federal Health Care Law, University of Denver Legal Studies Research Paper No. 11-03 (Jan. 30, 2011)
Len M. Nichols, Implementing Insurance Market Reforms Under The Federal Health Reform Law, 29 Health Affairs (2010)
Theodore Ruger, Plural Constitutionalism and the Pathologies of American Health Care, Yale Law Journal Online (2011)
Erin Ryan, Negotiating Federalism, 52 B.C. L. Rev. 1 (2011)
Niel Siegel, Free-riding on Benevolence: Collective Action Federalism and the Individual Mandate, SSRN Working Paper Series (May 20, 2011)
Christopher Robert Smith, The Skeleton Key: Will the Federal Health Care Litigation Unlock the Solutions to Diverse Dilemmas Arising from the State Health Care Reform Laboratories?, 24 J. L. & Health 79 (2011)
Michael S. Sparer, Medicaid and the Limits of State Health Reform (1996)
Michael Tanner, Individual Mandates for Health Insurance: Slippery Slope to National Health Care, CATO Policy Analysis, no. 565 (2006)

Janet Adamy, Judge Rejects Health Law, Wall Street Journal (Feb. 1, 2011)
Akhil Reed Amar, Constitutional Objections to Obamacare Don't Hold Up (Jan. 20, 2010)
Randy Barnett, Is Health-Care Reform Constitutional?, Washington Post (Mar. 21, 2010)
Randy Barnett & Elizabeth Foley, The Nuts and Bolts of the ObamaCare Ruling, Wall Street Journal (Feb. 2, 2011)
Kendall Brent & Corey Boles, Health Overhaul is Given Reprieve, Wall Street Journal (Mar. 4, 2011)
Steve Chapman, An Unhealthy Mandate: Health Care Reform Guts Limited Government, Chicago Tribune (Dec. 16, 2010)
Erwin Chemerinsky, Health Care Reform is Constitutional, Politico (Oct. 23, 2009)
Erwin Chemerinsky, The Constitutionality of Healthcare, Los Angeles Times (Oct. 6, 2009)
Michael Cooper, Health Law is Dealt Blow by a Court on Mandate, New York Times (Aug. 13, 2011)
Peter Coy, The Health-Care Act on Trial, Business Week (Dec. 29, 2010)
United States: Sound and Fury; Healthcare and the States, Economist (Mar. 20, 2010)
David Eisner, Americans Still Believe in the U.S. Constitution, USA Today (Sep. 17, 2010)
Richard Epstein, Why ObamaCare's Commerce-Clause Argument Just Doesn't Work, Chicago Tribune (Dec. 19, 2010)
Jonah Goldberg, Got a Problem with the Constitution?, USA Today (Jan. 1, 2011)
Amy Goldstein & N.C. Aizenman, As Health-Care Law Turns 1, Supporters Using Occasion to Shape its Image, Washington Post (Mar. 22, 2011)
Orrin G. Hatch & Mark Shurtleff, Healthcare Legislation is a Threat to Liberty, Los Angeles Times (Jan. 20, 2010)
John Healey, It's On! 13 State Attorneys General Challenge Healthcare Reform Law, Los Angeles Times (Mar. 23, 2010)
Rosalind S. Helderman, Obama Administration Asks Judge to Dismiss Virginia Suit Against Health-Care Law, Washington Post (May 25, 2010)
Rosalind S. Helderman, Virginia to Seek Expedited Supreme Court Review of Suit Over Health-Care Law, Washington Post (Feb. 3, 2011)
Brent Kendall, Health Law is Dealt Setback, Wall Street Journal (Aug. 13, 2011)
Simon Lazarus, Framing the Debate Over Health Reform, Newsweek (Oct. 4, 2010)
Simon Lazarus, Look for Kagan Health Reform Fight, Politico (June 29, 2010)
Simon Lazarus, The Trumped Up Constitutional Case to Trump Health Care Reform, Huffington Post (Apr. 10, 2010)
Noam Levey, Judge Won't Block Implementation of Healthcare Law, Chicago Tribune (Mar. 3, 2011)
Noam Levey, Ruling Won't Stand in Way of Health Reform Implementation, Los Angeles Times (Mar. 3, 2011)
Adam Liptak, Doing the Judicial Math on Health Care, New York Times (Feb. 5, 2011)
Adam Liptak, Justices are Asked to Hear Challenge to Health Care Law, New York Times (July 27, 2011)
Adam Liptak, Supreme Court is Asked to Rule on Health Care, New York Times (28-Sep-11)
Dahlia Lithwick, Lawyers vs. Health Reform; Why the Court Challenges will Fail, Newsweek (Apr. 5, 2010)
Ruth Marcus, An 'Illegal' Mandate? No., Washington Post (Nov. 26, 2009)
Andrew P. Napolitano, Health-Care Reform and the Constitution, Wall Street Journal (Sep. 15, 2009)
3 to 2 for Health Care Reform, New York Times (Feb. 25, 2011)
Florida Voters: It’s a ‘Bad Idea’ to Sue Over Health Care Law, New York Times (Apr. 19, 2010)
Health Care Reform and the Courts, New York Times (May 19, 2010)
Is the Health Care Law Unconstitutional?, New York Times (Mar. 28, 2010)
Judicial Activism on Health Reform, New York Times (Feb. 1, 2011)
Roger Pilon, Health Care and the Constitution, National Review Online (Jan. 14, 2010)
David Porter, NJ Doctors' Group Suing to Block Health Reform, San Francisco Chronicle (June 22, 2011)
David B. Rivkin & Lee A. Casey, Is Government Health Care Constitutional?, Wall Street Journal (June 22, 2009)
David B. Rivkin & Lee A. Casey, Mandatory Insurance is Unconstitutional, Wall Street Journal (Sep. 18, 2009)
Kevin Sack, A Third Judge Validates Health Care Overhaul Law, New York Times (Feb. 22, 2011)
Kevin Sack, Court Blocks Suit Against Health Law, New York Times (Sep. 8, 2011)
Kevin Sack, Florida Suit Poses a Challenge to Health Care Law (May 10, 2010)
Kevin Sack, Judge Stays Own Ruling Against Health Care, New York Times (Mar. 3, 2011)
Kevin Sack, Opposing the Health Law, Florida Refuses Millions, New York Times (July 31, 2011)
Kevin Sack, Round 1 in Appeals of Health Care Overhaul Goes to Obama, New York Times (June 29, 2011)
Kevin Sack, Terrain Shifts in Challenges to the Health Care Law, New York Times (Dec. 29, 2010)
Robert A. Schapiro, Federalism is No Bar to Health Care Reform, Atlanta Journal-Constitution (Nov. 22, 2009)
Laurence Tribe, On Health Care, Justice Will Prevail, New York Times (Feb. 8, 2011)
Jonathan Turley, How the Health Care Bill Became a 'Ford Pinto' Law, USA Today (Feb. 6, 2011)
Jonathan Turley, Is Health-Care Mandate Constitutional?, USA Today (Mar. 31, 2010)
Gracie-Marie Turner et al., Obamacare's March Madness, Wall Street Journal (Mar. 7, 2011)
The Constitutional Moment, Wall Street Journal (Feb. 1, 2011)
John Yoo, The "Individual Mandate" an Intrusion on Civil Society, Philadelphia Inquirer (Mar. 28, 2010)

Politics of Health Reform +/–

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Lawrence O. Gostin & Elenora E. Connors, Health Care Reform in Transition: Incremental Insurance Reform Without an Individual Mandate, 303 Journal of the American Medical Association, vol. 303 (2010)
Sam Halabi, The Patient Protection and Affordable Care Act of 2010: Rulemaking in the Shadow of Incentive-Based Regulation, 38 Rutgers Law Review 1 (2010-11)
Nan D. Hunter, Risk Governance and Deliberative Democracy in Health Care, 97 Georgetown Law Journal 1 (2008)
Timothy S. Jost, Health Insurance Exchanges and the Affordable Care Act: Eight Difficult Issues (Sep. 2010)
Timothy S. Jost, State Lawsuits Won't Succeed in Overturning the Individual Mandate, 29 Health Affairs (2010)
Wendy Mariner & George Annas, Health Insurance Politics in Federal Court, 363 New England Journal of Medicine 1300 (2010)
Len M. Nichols, Implementing Insurance Market Reforms Under The Federal Health Reform Law, 29 Health Affairs (2010)
Jonathan Oberlander, The Politics of Health Reform: Why Do Bad Things Happen to Good Plans?, Health Affairs (2003)
Jonathan Oberlander, Under Siege--The Individual Mandate for Health Insurance and Its Alternatives, New England Journal of Medicine (2011)

Procedural Issues +/–

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Matthew R. Farley, Challenging Supremacy: Virginia's response to the Patient Protection and Affordable Care Act, 45 University of Richmond Law Review (2010)
Bradley Herring, An Economic Perspective on the Individual Mandate's Severability from the ACA, New England Journal of Medicine (2011)
Kevin C. Walsh, The Ghost that Slew the Mandate, Working Paper (2011)

Regulation +/–

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Peter D. Jacobson & Lawrence O. Gostin, Restoring Health to Health Reform, JAMA (July 21, 2010)

State Sovereignty +/–

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Rochelle Bobroff & Harper Jean Tobin, Strings Attached: The Power of the Federal Purse Waives State Sovereign Immunity for the Rehabilitation Act, Clearinghouse Review Journal of Poverty Law and Policy (2008)
Madhu Chugh, Executive Authority to Reform Health: Options and Limitations, Journal of Law, Medicine and Ethics (2009)
Kenneth De Ville, Public Health Law: The Constitutionality of the Patient Protection and Affordable Care Act, Journal of Public Health Management and Practice (2011)
Matthew R. Farley, Challenging Supremacy: Virginia's Response to the Patient Protection and Affordable Care Act, 45 University of Richmond Law Review 37 (2010)
Mark A. Hall, The Factual Bases for Constitutional Challenges to Federal Health Insurance Reform, North Kentucky Law Review (forthcoming 2011)
Timothy S. Jost, Health Insurance Exchanges in Health Care Reform Legal and Policy Issues (Oct. 23, 2009)
Stephanie Kanwit, The Purchase of Insurance Across State Lines, Journal of Law, Medicine and Ethics (2009)

Taxation Power +/–

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American Center for Law and Justice, Individual Mandate? Is it Constitutional (2009)
Jack M. Balkin, The Constitutionality of the Individual Mandate for Health Insurance, New England Journal of Medicine (2010)
Randy Barnett, Nathaniel Stewart & Todd Gaziano, Why the Personal Mandate to Buy Health Insurance is Unprecedented and Unconstitutional, Legal Memorandum 49 (The Heritage Foundation) (2009)
Randy Barnett, Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, 5 New York University Journal of Law and Liberty (2010)
Michael F. Cannon, All the President's Mandates: Compulsory Health Insurance Is A Government Takeover, 114 CATO Institute Briefing Papers (2009)
Kenneth De Ville, Public Health Law: The Constitutionality of the Patient Protection and Affordable Care Act, Journal of Public Health Management and Practice (2011)
Matthew R. Farley, Challenging Supremacy: Virginia's response to the Patient Protection and Affordable Care Act, 45 University of Richmond Law Review (2010)
Brian Galle, The Taxing Power, Affordable Care Act, and the Limits of Constitutional Compromise, Yale L.J. Online (April 5, 2011)
Brian D. Galle, The Taxing Power, the Affordable Care Act, and the Limits of Constitutional Compromise, 121 Yale Law Journal Online (2011)
Fred Goldberg & Susan Camic, Tax Credits for Health Insurance, Journal of Law, Medicine and Ethics (2009)
Mark A. Hall, The Constitutionality of Mandates to Purchase Health Insurance, Wake Forest University Legal Studies Paper No. 1334955 (forthcoming 2011)
Mark A. Hall, The Constitutionality of Mandates to Purchase Individual Insurance, Journal of Law, Medicine and Ethics (2009)
Matthew R. Hracho, Purchase Health Insurance or Else: Why Individual Health Insurance Mandates Enacted by the Federal Government are Unconstitutional, Working Paper (2010)
Erik M. Jensen, Prepositions in the Constitution, 14 Green Bag 2d 163 (2011)
Erik M. Jensen, The Individual Mandate and the Taxing Power, Northern Kentucky Law Review (forthcoming 2011)
Timothy S. Jost, Health Insurance Exchanges: Legal Issues, Journal of Law, Medicine and Ethics (2009)
Andrew Koppelman, Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform, Northwestern Public Law Research Paper No. 11-25 (2011)
Simon Lazarus, Mandatory Health Insurance: Is It Constitutional?, American Constitution Society for Law and Policy (2009)
Rob Natelson, On the Constitution, Beware the Word "Clearly", 10th Amendment Center (Jan. 23, 2010)
Ryan C. Patterson, "Are You Serious?": Examining the Constitutionality of an Individual Mandate for Health Insurance, 85 Notre Dame Law Review (2004)
David Rivkin et al., Debate: A Healthy Debate: The Constitutionality of an Individual Mandate, 158 University of Pennsylvania Law Review Pennumbra 93 (2009)
Sallie Thieme Sanford, Is Health Reform Constitutional?, JURIST Legal News and Research (Apr. 2010)
Ilya Shapiro, Pro & Con State Suits Against Health Reform Are Well Grounded in Law--And Pose Serious Challenges, 29 Health Affairs (2010)
Jennifer Staman et al., Requiring Individual to Obtain Health Insurance: A Constitutional Analysis, Congressional Research Service (Feb. 1, 2011)
Kathleen S. Swendiman, Health Care: Constitutional Rights and Legislative Powers, Congressional Research Service (2011)
Peter Urbanowicz & Dennis G. Smith, Constitutional Implications of an 'Individual Mandate' in Health Care Reform, The Federalist Society for Law (2009)
Steven J. Willis & Nakku Chung, Oy Yes, the Healthcare Penalty is Unconstitutional, 129 Tax Notes (2010)

The Role of the Courts in Health Policy +/–

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M. Gregg Bloche & Sujata M. Jhaveri, Health Care Reform and the Logic of Emergence, 11 Minnesota Journal of Law, Science & Technology 193 (2010)
M. Gregg Bloche, The Emergent Logic of Health Law, Southern California Law Review (2009)
M. Gregg Bloche, The Invention of Health Law, 91 California Law Review (2003)
Timothy S. Jost, The Role of the Courts in Health Care Rationing: The German Model, Catholic University Journal of Contemporary Health Law and Policy (forthcoming 2011)

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Commerce Clause +/–

Constitutionality +/–

Description of the Cases +/–

Federalism +/–

Implications for Insurers/Implementation +/–

Individual Rights +/–

Newspaper Article +/–

Politics of Health Reform +/–

Procedural Issues +/–

Regulation +/–

State Sovereignty +/–

Taxation Power +/–

The Role of the Courts in Health Policy +/–