We are at a major crossroads in U.S. health policy. The direction for American health care in 2021 and beyond will depend in large part on events that are unfolding now, and that will come to fruition in the first half of...more
On June 30, 2020, the U.S. Supreme Court decided Espinoza v. Montana Department of Revenue, No. 18-1195, holding that if a state subsidizes private education, the Free Exercise Clause does not allow the state to deny that...more
7/1/2020
/ Compelling Governmental Interest ,
Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Religious Discrimination ,
Religious Schools ,
Remand ,
Reversal ,
Scholarships ,
SCOTUS ,
State Aid ,
State Constitutions ,
Strict Scrutiny Standard ,
Tuition
On June 29, 2020, the U.S. Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau, holding that the director of the Consumer Financial Protection Bureau (CFPB) must be removable at will by the...more
Rutledge v. Pharmaceutical Care Management Ass’n, No. 18-540.
Most states have enacted legislation regulating “pharmacy benefit managers”— businesses that act as middlemen between health insurers and pharmacies, earning...more
1/17/2020
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Benefit Plan Reimbursements ,
Certiorari ,
Constitutional Challenges ,
Content-Based Restrictions ,
Denial of Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Written Decisions ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Judicial Review ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Railroad Retirement Act ,
Railroad Retirement Board (RRB) ,
Railroad Unemployment Insurance Act (RUIA) ,
Rate Regulations ,
Right To Appeal ,
Rutledge v Pharmaceutical Care Management Association ,
Salinas v United States Railroad Retirement Board ,
SCOTUS ,
Severability Doctrine ,
Stare Decisis ,
State Law Claims ,
TCPA
On June 20, 2019, the U.S. Supreme Court decided American Legion v. American Humanist Ass’n, holding that longstanding public memorials with historical importance that also have religious associations are entitled to a strong...more
6/21/2019
/ Constitutional Challenges ,
Establishment Clause ,
First Amendment ,
Historical Landmarks ,
National Monuments ,
Religious Displays ,
SCOTUS ,
The American Legion v American Humanist Association ,
The Lemon Test ,
Veterans ,
War Memorials
On May 28, 2019, the U.S. Supreme Court decided Box v. Planned Parenthood, No. 18-483, holding that government has a legitimate interest in the proper disposal of fetal remains, and this interest is rationally served by...more
5/30/2019
/ Abortion ,
Box v Planned Parenthood of Indiana and Kentucky Inc ,
Certiorari ,
Constitutional Challenges ,
Cremation ,
Denial of Certiorari ,
Fetal Remains ,
Legitimate State Interest ,
Partial Reversal ,
Rational Basis Test ,
SCOTUS ,
Surgical Waste ,
Undue Burden ,
Waste Disposal
On June 27, 2018, the U.S. Supreme Court decided Janus v. American Federal of State, County, and Municipal Employees, holding that the First Amendment does not permit states to require public-sector employees to contribute...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Public Employees ,
Public Sector Unions ,
SCOTUS ,
Stare Decisis ,
Union Dues