Will ObamaCare be More or Less Appealing before the Supreme Court?
The Law & Economics of the Individual Mandate

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Several appellate court cases challenging the Affordable Care Act of 2010 and its individual mandate to purchase health insurance have been decided this summer with mixed results. More are on the way soon. The Supreme Court remains likely to choose to review at least some of them during its 2011-2012 term. At this forum, distinguished constitutional law scholars and health policy researchers will examine what we have learned thus far from the appellate litigation, with a particular focus on what is a “necessary and proper” extension of the federal commerce power, whether sufficient evidence of “cost shifting” helps to justify it, when new federal mandates to expand Medicaid might become too coercive to state governments, and how the nine Supreme Court justices might view the constitutionality of the new health law.
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About the Author

 

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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Tuesday, August 06, 2013 | 12:00 p.m. – 1:30 p.m.
Uniting universal coverage and personal choice: A new direction for health reform

Join some of the authors, along with notable health scholars from the left and right, for the release of “Best of Both Worlds: Uniting Universal Coverage and Personal Choice in Health Care,” and a new debate over the priorities and policies that will most effectively reform health care.

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