HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Tuesday, November 15, 2011

Framing the Supreme Court Case

Some of the reactions to yesterday's grant of cert.

Steven Schwinn over at Constitutional Law Prof, here, addresses the South Dakota v. Dole "basic principles of federalism" issue. In the L.A. Times, here, Erwin Chemerinsky looks at the individual mandate challenge and argues "Gonzales vs. Raich reaffirmed that Congress need only have a "rational basis" for believing that it is regulating economic activity that has a substantial effect on interstate commerce. It is inconceivable that it could be successfully argued that there is not a rational basis for believing that the individual mandate has a substantial effect on interstate commerce. Simply adding 50 million people to the rolls of those with healthcare coverage would have an enormous economic effect." 

In the N.Y. Times, here, Reed Abelson, Gardiner Harris and Robert Pear identify the parts of healthcare that will be forever changed whatever SCOTUS decides, noting "From Colorado to Maryland, hospitals are scrambling to buy hospitals. Doctors are leaving small private practices. Large insurance companies are becoming more dominant as smaller ones disappear because they cannot stay competitive. States are simplifying decades of Medicaid rules and planning new ways for poor and rich alike to buy policies more easily." At Politico, here, Joanne Kenen takes a similar approach and identifies "Five health reform fights SCOTUS won't settle" including the contents of the essential benefits package and the future of the Independent Payment Advisory Board. Also at Politico, here, Glenn Thrush assesses "Barack Obama's Supreme Court health care gamble." 

Finally, the aca litigation blog, here, continues to post useful updates on the case. [NPT]

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