Corpus ID: 6661014

A MANDATE FOR MANDATES: IS THE INDIVIDUAL HEALTH INSURANCE CASE A SLIPPERY SLOPE?

@inproceedings{Somin2012AMF,
  title={A MANDATE FOR MANDATES: IS THE INDIVIDUAL HEALTH INSURANCE CASE A SLIPPERY SLOPE?},
  author={I. Somin},
  year={2012}
}
6 Citations
Why Broccoli? Limiting Principles and Popular Constitutionalism in the Health Care Case
Crucial to the Court’s disposition in the constitutional challenge to the Affordable Care Act (ACA) was a hypothetical mandate to purchase broccoli, which Congress never had considered and nobodyExpand
Code Red
TLDR
It is argued that any proposal that does not seriously consider EMTALA is incomplete and bound to produce some of the same problems that have dogged the American health care system for the past few decades. Expand
Postscript and Concluding Thoughts
In the aftermath of the Supreme Court’s decision in NFIB v. Sebelius, I authored op-eds for SCOTUSblog, the Washington Examiner, the Daily Beast / Newsweek, and the Washington Post, the last of whichExpand
Envisioning a Better U.S. Health Care System for All: Coverage and Cost of Care
TLDR
2 potential approaches, a single-payer model and a public choice model, to achieve universal coverage are presented and how an emphasis on value-based care can reduce costs is described. Expand
Decision Time and Aftermath
The last week of June, which is the last week of a Supreme Court term, is always a busy time for Court watchers. The Court often waits until then to issue the biggest and most controversialExpand

References

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Beyond the Doctrine: Five Questions That Will Determine the ACA's Constitutional Fate
The litigation challenging the constitutionality of the Patient Protection and Affordable Care Act (―ACA‖ or ―Act‖) raises a number of interesting and important questions of constitutional law. ButExpand
Can Popular Constitutionalism Survive the Tea Party Movement
The Tea Party movement is easily recognizable as a nascent popular constitutionalist movement because it seeks to implement its constitutional vision using the tools of ordinary politics. Like manyExpand
The Tea Party Movement and Popular Constitutionalism
The rise of the Tea Party movement follows a period during which many scholars have focused on "popular constitutionalism": the involvement of public opinion and popular movements in influencingExpand
Commerce in the Commerce Clause: A Response to Jack Balkin
The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’sExpand
Jack Balkin's Interaction Theory of 'Commerce'
In his book, Living Originalism, Jack Balkin proposes what he calls the “interaction theory” of the original semantic meaning of the word “commerce” in the Commerce Clause. He claims that “commerce”Expand
Dep't of Health & Human Servs
  • 811 F. Supp. 2d 1086, 1103
  • 2011
rejects any distinction between activity and inactivity for purposes of Commerce Clause analysis
  • 2011
See supra Part II.B. 127. See supra Part II.A. 128. Gonzalez v
  • 2005
summarizing this jurisprudence and ruling that Congress has virtually unconstrained authority over "economic activity")
  • 2005
For Thomas's disagreement, see United States v
  • 1942
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