Constitutional Law › Conflict of Laws › Insurance

US District Court Prohibits Enforcement of California 340B Medicaid Mandatory Carve-In Law

The 340B program permits eligible hospitals and other “safety-net” providers (340B Covered Entities) to purchase outpatient drugs from pharmaceutical manufacturers at significant discounts. To address its fiscal woes,...more

Hall v. Sebelius

Brief of the CATO Institute as Amicus Curiae in Support of Petitioners

When Brian Hall, former House Majority Leader Dick Armey, and other over-65 retirees requested to opt out of Medicare's hospital insurance coverage (because they preferred their existing private coverage), the Social Security...more

The Supreme Court’s Immigration Decision May Give Clues On The Upcoming Decision On The Affordable Care Act’s Individual Mandate

Casey Stengel once advised that it is best not to make predictions, particularly about the future. So we will step into ill-advised territory with caution. Nevertheless, the Supreme Court’s decision in Arizona v. United...more

Supreme Court to Hear Appeal on Constitutionality of Health Reform Law

On Monday, November 14, the U.S. Supreme Court granted certiorari to hear an appeal from a decision by the U.S. Court of Appeals for the Eleventh Circuit that the individual mandate in the Patient Protection and Affordable...more

Supreme Court to Hear Challenges to Health Care Reform

The Supreme Court announced on Monday, November 14, 2011 that it will hear challenges to the Patient Protection and Affordable Care Act (PPACA). President Obama signed PPACA on March 23, 2010, and legal challenges to the...more

U.S. Supreme Court to Decide Constitutionality of Affordable Care Act

Yesterday, the United States Supreme Court granted certiorari (meaning it has agreed to hear an appeal) on three petitions concerning the constitutionality of the Affordable Care Act (“ACA”). Given the Supreme Court’s...more

Supreme Court Will Hear Challenge to Health Reform Law

Minutes after President Obama signed landmark Health Reform legislation on March 23, 2010, the first suit challenging the law was filed in U.S. district court in Florida. That case, after working its way through the district...more

Health Alert: Key Portion of Health Reform Bill Struck Down by Virginia Federal Judge

The "Commerce Clause," Article I, Section 8, Clause 3 of the United States Constitution, provides that: "[Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian...more