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.
Agenda
8:30 AM
Registration and Breakfast

8:45 AM
Panelists:
GREGORY KATSAS, Jones Day
ERIC CLAEYS, George Mason University School of Law
ORIN KERR, George Washington University School of Law
JAMES BLUMSTEIN, Vanderbilt University School of Law

Moderator:

THOMAS P. MILLER, AEI


Question and Answer

10:30 AM
Adjournment
Event Contact Information

For more information, please contact Gabriel Sudduth at gabriel.sudduth@aei.org, 202.862.7183.

Media Contact Information

For media inquiries, please contact Véronique Rodman at vrodman@aei.org, 202.862.4871.

Speaker Biographies

Gregory Katsas handles complex litigation in areas including administrative law, antitrust, constitutional law, employment discrimination, international law and arbitration, and products liability. He has argued more than 40 appeals, has won more than 30 appeals, and has argued in every federal appellate court including the U.S. Supreme Court. Between 2001 and 2009, Mr. Katsas served in many senior positions in the U.S. Department of Justice, including Assistant Attorney General for the Civil Division and Acting Associate Attorney General. In these positions, he handled or supervised most of the government's leading civil appeals. He also oversaw all of the Civil Division's enforcement activities under the False Claims Act and the Food, Drug, and Cosmetics Act. He has testified before Congress eight times on topics ranging from the material support statute to federal pleading standards under Ashcroft v. Iqbal. In 2009, Mr. Katsas was awarded the Edmund Randolph award for outstanding service, the highest award bestowed by the Department of Justice. Former Attorney General Michael Mukasey described him as "widely regarded as one of the Justice Department's most outstanding civil and appellate attorneys."

Eric Claeys is a professor of law in the George Mason University School of Law. He has also taught at Saint Louis University School of Law and the University of Chicago Law School. Before teaching, he practiced appellate and tort litigation and clerked for the Honorable Melvin Brunetti, United States Court of Appeals for the Ninth Circuit, and the Honorable William Rehnquist, former chief justice of the United States. Professor Claeys' scholarship focuses on American property and constitutional law, and particularly on the influence of American natural-law/natural-rights theory on the law.

Orin Kerr teaches criminal law, criminal procedure, and computer crime law at the School of Law at George Washington University. Before joining the faculty in 2001, Professor Kerr was an honors program trial attorney in the Computer Crime and Intellectual Property Section of the Criminal Division at the U.S. Department of Justice, as well as a special assistant U.S. attorney for the Eastern District of Virginia. He is a former law clerk for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit. He has been a visiting professor at the University of Chicago Law School and the University of Pennsylvania Law School. Professor Kerr is co-author of the leading casebook in criminal procedure, now in its twelfth edition. He occasionally litigates cases, mostly pro bono. In April 2011, he argued a pro bono case before the U.S. Supreme Court, Davis v. United States. He also recently argued a criminal appeal in the Sixth Circuit and successfully represented Lori Drew in a widely-publicized criminal case in Los Angeles.

James F. Blumstein is professor of constitutional law and health law and policy and the director of the Health Policy Center at Vanderbilt University. He has been an adjunct professor of health law at Dartmouth Medical School, the John M. Olin Visiting Professor of Law at the University of Pennsylvania Law School, and a visiting associate professor of law and policy sciences at Duke Law School. Mr. Blumstein is an elected member of the Institute of Medicine (IOM) of the National Academy of Sciences and has served as a member of the IOM Committee on the Adequacy of Nurse Staffing in Hospitals and Nursing Homes and as a member of the Advisory Panel on the Study of Defensive Medicine and the Use of Medical Technology. He has won Vanderbilt's university-wide award for lifetime research achievement (the Sutherland Prize) and the law school's award for teaching (the Hartman Award). He has also litigated constitutional issues in state and federal courts, including, most recently, Brentwood Academy v. Tennessee Secondary School Athletic Association (2001), and Tennessee Secondary School Athletic Association v. Brentwood Academy (2007).

Thomas P. Miller is a resident fellow at AEI, where he focuses on health policy with a particular emphasis on information transparency, health insurance regulation, and consumer-driven health care. He was a member of the National Advisory Council for the Agency for Healthcare Research and Quality from 2007 to 2009. Before joining AEI, Mr. Miller served for three years as a senior health economist for the Joint Economic Committee, where he organized a series of hearings focusing on promising reforms in private health care markets. He also has been director of health policy studies at the Cato Institute and director of economic policy studies at the Competitive Enterprise Institute. Mr. Miller's writing has appeared in publications such as Health Affairs, the Wall Street Journal, the New York Times, the Washington Post, the Los Angeles Times, Reader's Digest, National Review, Forbes.com, the Journal of Law and Contemporary Problems, Regulation, and Cato Journal. Before moving to Washington to work on public policy, he was a trial attorney, journalist, and radio broadcaster.


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AEI Participants

 

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: Neil McCray
    Phone: 202-862-5826
    Email: Neil.McCray@aei.org
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