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Read need-to-know updates, commentary, and analysis on Elections & Politics issues written by leading professionals.

A Judicial Reinterpretation of the Brazilian Constitution’s Right to Health Care

by Ropes & Gray LLP on

In recent years, there has been a spike in right-to-health litigation in Brazil wherein citizens seek court orders mandating that certain medications be dispensed through the public health system (Sistema Único de...more

House Republicans and Trump Administration File Joint Motion to Delay Suit Challenging Obamacare Subsidies

by Ruder Ware on

An interesting development transpired Tuesday, February 21, 2017 in a case pending in Federal District Court in the District of Columbia that challenges subsidy payments from the Federal Treasury to support Obamacare. The...more

FDA Hardens Its Stance on Intended Use and Off-Label Use and Industry Responds

From 2015 to 2016, FDA appeared to open the door to loosening the standards around intended use and off-label use, but recent rule-making and public comments suggest that FDA is becoming more sclerotic instead of flexible....more

Health Care Reform in Transition While Congress Deliberates

by Ballard Spahr LLP on

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

Obama FDA’s Parting Shot On Off-Label Promotion And The First Amendment

by Reed Smith on

We haven’t digested it yet, so this isn’t a substantive post, but we wanted to make our readers aware that today the FDA made an announcement, which states in pertinent part...more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

by FordHarrison on

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

‘Standing Outside the Fire?’ D.C. Circuit Puts Off Question on House’s Standing to Sue Over ACA Subsidies—For Now

by Snell & Wilmer on

We will have to wait at least a bit longer—and perhaps indefinitely—to learn whether a striking ruling that members of Congress have standing to sue the executive branch over the funding of Affordable Care Act (ACA) subsidies...more

California Ballot 2016: Pros and Cons of Props 57-61

by Lewitt Hackman on

This is the second post in our California Ballot 2016 series – providing the “nutshell” versions of each of the 17 state-wide measures voters must decide in November. Please refer to our first post in the series: Props 51-56,...more

The Supreme Court - June 2016 #7

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

NC Legislative Update - June 2016 #3

by Nexsen Pruet, PLLC on

This Week - Both chambers accelerated pace in an eventful week as several Committees met more than once throughout the week with some even meeting after the day’s floor session. Senior House Appropriations Chairman Rep....more

Federal Court Strikes Down ACA Cost Sharing Reduction Payments

by McDermott Will & Emery on

In Depth - A federal district court judge in Washington, DC ruled on May 12, 2016, that Congress did not appropriate funds for the Affordable Care Act’s (ACA) cost-sharing reduction (CSR) subsidies. See United States...more

District Court Rules One Aspect of ACA is Unconstitutional—No Change for Employers

by Winstead PC on

You may have heard that a federal District Court ruled that the ACA was unconstitutional today. Do not start making any changes. This decision will not directly impact most employers and their health plans. We are sending...more

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

2016 Washington Preview

by Baker Donelson on

Having completed the first session of the 114th Congress, many in Washington are quickly turning toward the 2016 elections. In the coming year, the headlines will undoubtedly be dominated by electioneering but, after a...more

Gun Control: HIPAA Final Rule Targets Background Checks and Mental Health Reporting

President Obama has announced plans to tighten gun control regulations, including applying the background check requirement to dealers at gun shows and on websites. Federal law already requires that those “engaged in the...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. A Unanimous Decision - A sequence of events led to the creation of 65 controversial vetoes...more

June 19, 2015 Womble Legislative Update

A contentious week on Jones Street ends on a sad note. As the General Assembly takes up (or doesn’t) issues relating to abortion, economic incentives, access to guns, access to healthcare, tax fairness, Medicaid reform and...more

June 5, 2015 Womble Legislative Update

It’s June – the month the legislature logically should be wrapping up along with the state’s fiscal year but we’re nowhere close. There are still big fights ahead on budget, taxes, economic development tools, solar produced...more

North Carolina General Assembly Week in Review

by McGuireWoods LLP on

The Senate began its budget process last week, releasing a draft schedule to senators outlining precisely how the General Assembly can have a budget in place by June 30th. Senate budget leaders have already indicated that the...more

South Carolina Legislative Update

by Moore & Van Allen PLLC on

The House and Senate worked diligently last week on several pieces of legislation in order to beat the May 1 crossover date. Legislation passing the originating chamber after May 1 will require the approval of two-thirds of...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Democrats Take their Budget Plan on the Road While Governor Pushes For Constitutional Amendment...more

April 3, 2015 Legislative Update

Spring Break Y’all - For the first time we can recall the House and Senate will take Spring Break next week. The House announced last month it will have Spring Break while the Senate announced it will hold skeletal...more

March 27, 2015 Legislative Update

Many large groups of the general public descended on the General Assembly this week in an attempt to have their voices heard on various issues. One such issue was vaccinations, which resulted in a lot of women walking around...more

NC Legislative Update for April 2015

by Nexsen Pruet, PLLC on

This Week - In the midst of bill filing deadlines, some time was reserved for entertainment and fun this week on April fool’s Day. The NCGOP arguably won top honors, duping many across the state on social media when it...more

March 23, 2015 Marks the 5th Anniversary of the Affordable Care Act

On Tuesday, March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. We want to take this opportunity to share with you some highlights of the past five years, and also to thank you for...more

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