Category Archives: Health
New Article: “The Modernization of American Public Law: Health Care Reform and Popular Constitutionalism”
New Article: David A. Super, The Modernization of American Public Law: Health Care Reform and Popular Constitutionalism, 66 Stan. L. Rev. 873 (2014). Abstract below:
The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA’s structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of “constitutional moment” that has largely replaced Article V’s formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments’ outcomes springs from broad popular engagement.
Despite the Court’s ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come.
In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA’s entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA’s failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.
When It Comes to Poor Adults, Rep Ryan is Very Wrong About an ACA “Poverty Trap” | Jared Bernstein | On the Economy
New Article: Sabrina Tavernise, “For Medicare, Immigrants Offer Surplus, Study Finds,” N.Y. Times, May 29, 2013.
Howard Law Journal Symposium: “Health Care Reform and Vulnerable Communities: Can We Afford It? Can We Afford to Live Without It?”
Howard Law Journal Symposium: “Health Care Reform and Vulnerable Communities: Can We Afford It? Can We Afford to Live Without It?” available as a single PDF here. The articles in the issue are:
REMARKS By Honorable Donna M. Christensen
TAX-EXEMPT HOSPITALS, COMMUNITY HEALTH NEEDS AND ADDRESSING DISPARITIES By Mary Crossley
LESS TALK MORE ACTION: ACCELERATING INNOVATIVE STRATEGIES TO ELIMINATE RACIAL AND ETHNIC HEALTH DISPARITIES By Stephen B. Thomas, Craig S. Fryer, Mary A. Garza, James Butler, III, Erica T. Casper, Sandra C. Quinn
ABORTION, CONTRACEPTION AND THE ACA: THE REALIGNMENT OF WOMEN’S HEALTH By Lisa C. Ikemoto
MEDICAID ACCESS, RATE SETTING AND PAYMENT SUITS: HOW THE OBAMA ADMINISTRATION IS UNDERMINING ITS OWN HEALTH REFORM GOALS By Brietta R. Clark
SECTION 1557 OF THE AFFORDABLE CARE ACT: CIVIL RIGHTS, HEALTH REFORM, RACE, AND EQUITY By Sidney D. Watson
GLOBAL HEALTH LAW NORMS AND THE PPACA FRAMEWORK TO ELIMINATE HEALTH DISPARITIES By Gwendolyn Roberts Majette
THE PATIENT PROTECTION AND AFFORDABLE CARE ACT OF 2010 AND THE REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE (INDIVIDUAL MANDATE): CONSTITUTIONAL CHALLENGES AND POTENTIAL IMPACT ON HEALTH POLICY By Perry W. Payne, Jr.
MIXED MESSAGES: THE INTERSECTION OF PRENATAL GENETIC TESTING AND ABORTION By Rachel Rebouché and Karen Rothenberg
NOTES & COMMENTS
DEFENDING ACCESS TO COMMUNITY-BASED SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES IN THE WAKE OF THE “GREAT RECESSION” By Sharaya L. Cabansag
A FIGHTING CHANCE: INEQUITIES IN CHARTER SCHOOL FUNDING AND STRATEGIES FOR ACHIEVING EQUAL ACCESS TO PUBLIC SCHOOL FUNDS By Jeanette M. Curtis
AMERICA’S RELIGIOUS VALUES AT CROSSROADS: LIFTING THE VEIL ON ZONING DECISIONS TO ENSURE VICTORY FOR THE AMERICA OF THE CONSTITUTION AND RELIGIOUS TOLERANCE By Nurudeen Elias
Blog post: “Towards a Philosophically Sound & Bioethically Sensitive Definition of Public Health Law”
Blog post: Patrick S. O’Donnell, Towards a Philosophically Sound & Bioethically Sensitive Definition of Public Health Law, Ratio Juris, July 27, 2012.
Blog Post of interest: Tamar Birckhead, “From Poverty to Stigma to Poor Health Among Teens,” Juvenile Justice Blog, June 22, 2012.