• 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. N. Somin},
  year={2012}
}
7 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 nobody

Foreword, the Constitutionality of the Affordable Care Act: Ideas from the Academy

The articles published in this volume of Law and Contemporary Problems address the constitutionality of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA), either

Code Red

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.

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 which

Envisioning a Better U.S. Health Care System for All: Coverage and Cost of Care

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.

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 controversial

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. But

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 many

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 influencing

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’s

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”

See Somin, supra note 99

    See Somin, supra note 23, at 511-19 (explaining how the majority opinion in Raich, which was joined by all of the liberal Justices then on the Court

      pdf (describing and partially defending this aspect of the Tea Party's agenda)

        upholding such laws against a Thirteenth Amendment challenge and listing numerous states that imposed them)

        • 1916

        See supra discussion in Part II