Topic
Commerce Clause
226 published works
Constitutional Law Prof Blog
D.C. Circuit Upholds Individual Health Insurance Mandate
By ConLawProf initials at end of post
A three-judge panel of the D.C. Circuit ruled today in Seven-Sky v. Holder that the so-called individual mandate in the federal Affordable Care Act is constitutional.Judge Silberman and Judge Edwards agreed…
Health Law Prof Blog
DC Circuit Upholds Individual Mandate
The court's opinion is here.No Supreme Court case has ever held or implied that Congress’s Commerce Clause authority is limited to individuals who are presently engaging in an activity involving,…
Surf and Turf Law
Pacific Merchant Shipping Association v. Goldstene
Pacific Merchant Shipping Association v. GoldsteneDocket: 10-1555 Issue(s): (1) Whether the Commerce Clause and the Supremacy Clause prohibit California's extraterritorial exercise of its police powers to require the use of…
Sixth Circuit Appellate Blog
BREAKING NEWS: Three (Yes, Three) Cert Petitions Filed Today Seeking Review Of The Eleventh Circuit’s Decision Striking Down The Individual Mandate Under The New Health Care Statute
Yesterday we reported that the federal government decided not to seek en banc review of the Eleventh Circuit’s decision striking down the mandate requiring individuals to purchase health insurance under…
Sixth Circuit Appellate Blog
Another Federal Judge Strikes Down the Individual Mandate Under the New Health Care Statute
Judge Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania ruled this week that the mandate requiring individuals to purchase health insurance under the…
Constitutional Law Prof Blog
District Judge Rules Individual Mandate Unconstitutional
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Judge Christopher C. Conner (M.D. Penn.) ruled today in Goudy-Bachman v. Sebelius that the so-called individual health insurance mandate in the Affordable Care Act exceeds Congress's authority under the Commerce Clause and…
Sixth Circuit Appellate Blog
State-Specific Bottling Labels Subject to Constitutional Challenge at Sixth Circuit
The Sixth Circuit has accepted an interlocutory appeal in American Beverage Assoc. v. Snyder, Case No. 11-2097, from a Michigan decision (pdf) holding that state-specific marking requirements for bottles and cans subject…
Constitutional Law Prof Blog
Appeals Court Rules Health Insurance Mandate Unconstitutional
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A three-judge panel of the Eleventh Circuit ruled on Friday in State of Florida v. HHS that the individual health insurance mandate in the Affordable Care Act exceeded Congress's Commerce Clause authority. The…
The Contingency
Quote of the Day: Joel Fredrick Dubina
We . . . refuse to abdicate our constitutional duty when Congress has acted beyond its enumerated Commerce Clause power in mandating that Americans, from cradle to grave, purchase an insurance product…
Constitutional Law Prof Blog
Collective Action Federalism and Resolution VI (with the ACA in the background)
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Prof. Kurt Lash (Illinois) and Prof. Neil Siegel (Duke) debated congressional authority this week over at Volokh. Their points are drawn from Lash's "Resolution VI": The Virginia Plan and Authority to…