By: Health Care BS - PARTSISAN PETTIFOGGERY ON JUDGE HUDSON’S RULING
[...] that one of the most partisan analyses published on the decision was posted at Health Affairs by Timothy [...]
View ArticleBy: Jeff Goldsmith
Tim’s last point is the essential point: “In the end, the battle for health reform remains primarily a political, not a legal battle.” A Supreme Court decision to invalidate either the mandate or (far...
View ArticleBy: Travis B
The federal government penalizing me every year for not having a mortgage compared to other citizens who have a mortgage. Still have yet to see a compelling reason how beening penalized through the tax...
View ArticleBy: David Witt
Irony seems to be thick in Washington. A main argument centers on interstate commerce, but the bill specifically left out allowing interstate purchasing of insurance by the public. This cross state...
View ArticleBy: ChristinaSHo
This line of speculation may be premature, as indeed this decision is but one contrary view against 14 others that have rejected constitutional challenges to the mandate. However, if the mandate were...
View ArticleBy: Robert Power
The savior of the individual mandate, its knight on a white horse, may ride into town wearing strange garb: as an economist. Hudson’s economic-inactivity argument fails completely when one reads a...
View ArticleBy: Timothy Jost
Interesting discussion. In response to Christina Ho’s question, see the Norman Ornstein’s post today at AEI, http://www.aei.org/article/102902 and Robert Laszewski’s post on the Kaiser Health News,...
View ArticleBy: ajarends
Prof. Jost, thanks as always for your insightful commentary. I am grateful you found Robert Laszewski’s post–it was very helpful. I know anecdotally health plans have seen similar issues in...
View ArticleBy: KTerkelsen
Tim Jost’s precis very helpful. Virginia and Florida cases may make it necessary for the states to legislate their own individual mandates. When challenges to the individual mandate go to higher...
View ArticleBy: Bradley Flansbaum
In staking out their position, many conservatives and most libertarians convey health care as a privilege, not a right. Fair enough. EMTALA, a federal law, is explicit, and rightfully gives every...
View ArticleExamining Judge Hudson’s Decision On The Individual Mandate
On December 12, 2010, Judge Henry Hudson of the Eastern District of Virginia became the first federal judge to hold a provision of the Affordable Care Act unconstitutional. The lawsuit was filed by...
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