Who's in Charge? More Legal Challenges to the Patient Protection and Affordable Care Act
Beyond the Individual Mandate to Commandeering, Delegation, and Separation of Powers
Michael S. Greve, Thomas P. Miller
December 06, 2010

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Pending legal challenges to the Patient Protection and Affordable Care Act are about much more than just the constitutionality of an individual mandate to purchase health insurance. Several cases before federal district-court judges raise claims that the new law would improperly "commandeer" states to enact legislation or administratively enforce federal policies. Some state officials are quietly discussing opt-out alternatives to the federally required expansion of their Medicaid programs. Further ahead on the legal horizon are issues involving excessive delegation of regulatory power to administrative bodies, executive-branch rulemaking that attempts to override past court decisions, and private lawsuits to enforce new legal entitlements under the new health legislation.

Noted health law scholar James F. Blumstein and former Department of Justice associate deputy attorney general Thomas M. Christina will analyze these and other related federal-state legal issues. AEI resident fellow Michael S. Greve will comment, and AEI health policy scholar Thomas P. Miller will moderate the discussion.

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About the Author

 

Michael S.
Greve
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Thomas P.
Miller
  • Thomas Miller is a former senior health economist for the Joint Economic Committee (JEC). He studies health care policy and regulation. A former trial attorney, journalist, and sports broadcaster, Mr. Miller is the co-author of Why ObamaCare Is Wrong For America (HarperCollins 2011) and heads AEI's "Beyond Repeal & Replace" health reform project. He has testified before Congress on issues including the uninsured, health care costs, Medicare prescription drug benefits, health insurance tax credits, genetic information, Social Security, and federal reinsurance of catastrophic events. While at the JEC, he organized a number of hearings that focused on reforms in private health care markets, such as information transparency and consumer-driven health care.
  • Phone: 202-862-5886
    Email: tmiller@aei.org

  • Assistant Info

    Name: Catherine Griffin
    Phone: 202-862-5920
    Email: catherine.griffin@aei.org
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