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The Dormant Commerce Clause, Vegas-Style

Many Las Vegas tourists are surprised when they learn that prostitution is illegal in Clark County, Nevada. Law-biding johns who don’t want to risk jail avoid the illicit Vegas trade. They drive to...

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Red State Federalism

It is a great pleasure to be a guest blogger.  My current interests center around federalism.  My posts likely will as well.  Here goes. Did a vision of progressive federalism die in the desert of...

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Immigration Federalism: Red and Blue

In a previous post, I discussed some of the federalism implications of Arizona’s recent legislation concerning immigrants.  I noted that in immigration, as in other areas, it is difficult to define...

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Return of the Necessary and Proper Clause (Just in Time for Health Care)

The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the...

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Jumping ahead to Coercion

I had intended to address Douglas next, as it is a nice gateway for discussing Florida v. HHS, but a defense of the coercion argument just published in the New England Journal of Medicine Online...

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An additional thought on coercion

Recently I wrote about the coercion question posed by Florida et al. in the PPACA litigation.  I have a quick follow up thought: I wonder if those advocating a more robust read of coercion recognize...

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The other healthcare case with constitutional implications

Another Medicaid case this term also involves constitutional challenges – Douglas v. Independent Living Center of Southern California.  That certiorari was granted is notable unto itself, as no circuit...

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Initial impressions of the states’ brief in Fl. v. HHS

Is the sky falling?  According to Florida et al., which filed their brief regarding PPACA’s Medicaid expansion today, the answer is a resounding yes.  In many respects, this brief rehashes the coercion...

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Getting the Facts Right

For those of you following the Medicaid expansion issue before the Court: Sara Rosenbaum and Katherine Hayes, experts on the Medicaid program and health policy at GW, have posted a thoughtful response...

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Landscape of the Amici Supporting Florida’s Medicaid Brief

Reporting results for its monthly Health Tracking Poll published today, the Kaiser Family Foundation introduced the summary of its findings thus:  “As the Supreme Court prepares to hear legal...

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Pondering the vehicle for change

I have just returned from the perennially-satisfying Health Law Professors Conference at ASU (where it was hot enough to singe your eyebrows).  For folks interested in any aspect of healthcare law,...

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Pre-postmortems

I was fortunate to hear Justice Ginsburg’s speech at the ACS National Convention on Friday evening, during which she reiterated her position about the value of dissents (to signal how Congress could...

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The Dormant Commerce Clause, Vegas-Style

Many Las Vegas tourists are surprised when they learn that prostitution is illegal in Clark County, Nevada. Law-biding johns who don’t want to risk jail avoid the illicit Vegas trade. They drive to...

View Article


Image may be NSFW.
Clik here to view.

Red State Federalism

It is a great pleasure to be a guest blogger.  My current interests center around federalism.  My posts likely will as well.  Here goes. Did a vision of progressive federalism die in the desert of...

View Article

Image may be NSFW.
Clik here to view.

Immigration Federalism: Red and Blue

In a previous post, I discussed some of the federalism implications of Arizona’s recent legislation concerning immigrants.  I noted that in immigration, as in other areas, it is difficult to define...

View Article


Image may be NSFW.
Clik here to view.

Return of the Necessary and Proper Clause (Just in Time for Health Care)

The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the...

View Article

Jumping ahead to Coercion

I had intended to address Douglas next, as it is a nice gateway for discussing Florida v. HHS, but a defense of the coercion argument just published in the New England Journal of Medicine Online...

View Article


An additional thought on coercion

Recently I wrote about the coercion question posed by Florida et al. in the PPACA litigation.  I have a quick follow up thought: I wonder if those advocating a more robust read of coercion recognize...

View Article

The other healthcare case with constitutional implications

Another Medicaid case this term also involves constitutional challenges — Douglas v. Independent Living Center of Southern California.  That certiorari was granted is notable unto itself, as no circuit...

View Article

Initial impressions of the states’ brief in Fl. v. HHS

Is the sky falling?  According to Florida et al., which filed their brief regarding PPACA’s Medicaid expansion today, the answer is a resounding yes.  In many respects, this brief rehashes the coercion...

View Article
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