Health Constitutional Law

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Top Five HR Headlines You Don’t Want to Miss!

If you have been paying attention to the headlines, you might have noticed that a lot has been happening in the labor and employment world recently. Here are our top 5...more

SCOTUS Alert: Same-Sex Marriage is a Go, and ACA Stays Alive

Two big decisions in two days from the Supreme Court. Read on for details. Same-Sex Marriage is a Go! Today, the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No....more

King v. Burwell – The Supreme Court Allows the ACA Dominos to Stand

In a landmark decision, the U.S. Supreme Court interpreted the Affordable Care Act (ACA) to allow tax credits for individuals who purchase their health insurance through the federally-run insurance Exchange. Employers and...more

FDA Files Brief Regarding Off-Label Promotion In Amarin Pharma Lawsuit

As we mentioned in our prior post, the Amarin Pharma, Inc. v. United States Food and Drug Administration lawsuit pending in the Southern District of New York raises interesting issues regarding the First Amendment and how it...more

The Supreme Court Upholds The Availability Of Subsidies On The Federal Exchange—Where Do We Go From Here?

One of the most highly anticipated decisions of the term—at least among the Sheppard Mullin Healthcare team—was issued Thursday by the Supreme Court: King v. Burwell. Six of the justices, including Chief Justice Roberts,...more

Supreme Court Upholds Obamacare Tax Subsidies

Yesterday the United States Supreme Court announced its decision upholding tax subsidies for individuals who obtain health coverage in a state that has a Federal Exchange. The Court's 6-3 opinion in King v. Burwell is here...more

King v. Burwell – Supreme Court Confirms Tax Subsidies are Available in All States

In an earlier blog post this year, I discussed the King v. Burwell case and the possible ramifications if the United States Supreme Court did not uphold the Internal Revenue Service position that residents in states with...more

Supreme Court Upholds ACA Subsidies: What’s Next?

On Thursday, June 25, the Supreme Court of the United States issued its much anticipated ruling in King v. Burwell, the second major Court challenge to a core element of the Affordable Care Act (“ACA”). The Court, by a 6-3...more

King v. Burwell Decision Upholds Subsidies in Federal Exchanges

On June 25, 2015, the Supreme Court of the United States ruled in King v. Burwell that the Affordable Care Act (ACA) requires premium tax credits to be made available in states that use a federal exchange. The case challenged...more

US Supreme Court Issues Landmark Decision Upholding Current ACA Structure

Now is the time for employers to focus on next steps. Yesterday, the US Supreme Court, in a 6–3 decision, held that the Internal Revenue Service (IRS) regulations issued in 2012 under the Affordable Care Act (ACA)...more

U.S. Supreme Court Upholds Affordable Care Act Subsidies in Federal Exchanges

On Thursday, June 25, the U.S. Supreme Court ruled that consumer subsidies can continue to be provided through both federal and state health insurance marketplaces under the Affordable Care Act (ACA). In King v....more

Of Interest: U.S. Supreme Court Saves Obamacare a Second Time

Note: Though the Supreme Court's decision in King v. Burwell (issued yesterday) does not directly implicate an employment issue, the opinion is quite significant and likely of interest to many employers who have been...more

Blog: Supreme Court Upholds Federal Exchange Tax Subsidies in King v. Burwell

Yesterday, the Supreme Court issued its highly anticipated ruling in King v. Burwell. The case questioned whether individuals who purchased health insurance through the federal Healthcare.gov marketplace were entitled to...more

The Affordable Care Act Dodges Another High Court Bullet

The U.S. Supreme Court’s 6-3 decision in King v. Burwell does more than resolve a question of statutory construction about whether Congress intended for federal tax subsidies to be available to reduce consumer spending on...more

ALERT – Supreme Court Upholds Affordable Care Act Insurance Subsidies

In a 6-3 decision on Thursday, June 25th, the United States Supreme Court upheld the legality of the government healthcare insurance subsidies provided under the Patient Protection and Affordable Care Act (“ACA”) in the case...more

Obamacare Survives Second Supreme Court Challenge

The Affordable Care Act has survived another serious challenge – again through an opinion authored by Chief Justice Roberts. Today’s 6 to 3 Supreme Court decision in King v. Burwell held that the Administration’s...more

SCOTUS Upholds Obamacare (again)

Justice Roberts delivered the opinion of the U.S. Supreme Court today in King v. Burwell. In a 6 to 3 decision, the Court upheld an interpretation of the Affordable Care Act which permits premium tax credits for individuals...more

Supreme Court Upholds ACA Subsidies on Federal Exchanges: McGuireWoods Healthcare Reform Guide: Installment No. 51

This is the 51st in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...more

Supreme Court Decides King v. Burwell

On June 25, 2015, the Supreme Court of the United States decided King v. Burwell, No. 14-114, holding that tax credits authorized under the Patient Protection and Affordable Care Act are available to individuals who purchase...more

United States Supreme Court Upholds the Affordable Care Act Subsidies

As we previously reported, one of the greatest challenges to the Affordable Care Act (“ACA” or “Act”) came in King v. Burwell, otherwise known as the Obamacare subsidy lawsuit, where the plaintiffs challenged the ACA...more

U.S. Supreme Court Upholds Obamacare Premium Tax Subsidies

Action Item: Yesterday's Supreme Court ruling to uphold the premium tax subsidy regime of the Affordable Care Act is of critical importance to individuals and employers alike regarding the availability of federal tax...more

SCOTUS Upholds Obamacare Federal Subsidies: A First Glance Analysis

A First Glance analysis of the United States Supreme Court's decision upholding Obamacare subsidies by Robert Projansky, partner at law firm Proskauer in New York, and head of the firm’s Health Care Reform Task Force....more

"Supreme Court: A Term-End Review"

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

Recent Developments Regarding Disposal of Pharmaceutical Products

Recent environmental developments may impact the health care industry and should continue to be monitored. Several environmental developments related to the discarding of pharmaceutical products (including veterinary...more

Drug Manufacturer Sues FDA Over Constitutional Right To Discuss Off-Label Uses

The FDA has long sought to ban drug manufacturers from promoting off-label uses for approved drugs. The ban – which applies only to manufacturers and their agents – is intended to safeguard the public against misbranded...more

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