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Affordable Care Act

  • Obamacare’s Point Guard

    July 1, 2013

    Nancy-Ann DeParle, director of the White House Office of Health Reform from 2009 to 2011, answers questions about the Affordable Care Act.

  • Glen Cohen

    Cohen in JAMA: The looming threat of liability for accountable care organizations

    June 21, 2013

    “The Looming Threat of Liability for Accountable Care Organizations and What to Do About It,” a new article by Harvard Law School Assistant Professor I. Glenn Cohen ’03 and Dr. H. Benjamin Harvey ’09, was published recently in the Journal of the American Medical Association.

  • HLS Professor Einer Elhauge '86

    Elhauge releases e-book on Obamacare

    September 12, 2012

    Professor Einer Elhauge ‘86 has released an e-book—titled “Obamacare on Trial” —on the Patient Protection and Affordable Care Act case decided by the Supreme Court. Elhauge raises points that were not aired in the courtroom, including the fact that the constitutional framers themselves had approved mandates to buy health insurance.

  • Professor Adrian Vermeule '93

    Vermeule in TNR: Constitutional conventions

    August 8, 2012

    In light of the late-June Supreme Court decision on the constitutionality of the Patient Protection and Affordable Care Act, Harvard Law School Professor Adrian Vermeule '93 recently reviewed Michael J. Gerhardt's "The Power of Precedent" (Oxford University Press) for The New Republic’s online review ‘The Book.’  According to Vermeule, Gerhardt's book is a “learned overview” of the role of past decisions in today's legal system.

  • Professor Charles Fried

    Fried on SCOTUSblog: The June surprises—Balls, strikes, and the fog of war

    August 3, 2012

    Harvard Law School Professor Charles Fried has written a major article analyzing the Supreme Court’s late-June decision on the Patient Protection and Affordable Care Act. The article, which is scheduled to appear in an upcoming issue of the Journal of Health Politics, Policy and Law, and also in a volume to be published by Oxford, has been given a rare advance publication by SCOTUSblog, which posted it on August 2.

  • Randy Barnett at HLS, on challenging the individual mandate

    April 24, 2012

    A decision by the U.S. Supreme Court on whether Congress has the power to mandate individuals to have private insurance coverage isn’t expected until the end of June. But Georgetown University Law Center professor and libertarian legal theorist Randy Barnett ’77 is already claiming victory of sorts for his argument that the mandate is unconstitutional.

  • HLS Professor Einer Elhauge '86

    Elhauge discusses the argument against individual healthcare mandate

    April 24, 2012

    In an April 16 article entitled “It’s Not About Broccoli: The False Case Against Health Care” published in The Atlantic, Professor Einer Elhauge ’86 tackles the primary case made against President Obama’s [’91] individual health care mandate.

  • Professor Charles Fried

    Fried is lead counsel in amicus brief defending Affordable Care Act

    January 18, 2012

    HLS Professor Charles Fried was counsel of record in an amicus brief filed on Jan. 13 with the Supreme Court on behalf of 104 health law professors supporting the constitutionality of the insurance mandate in the Patient Protection and Affordable Care Act, which will be challenged before the Supreme Court in Department of Health and Human Services v. State of Florida in March.

  • Glenn Cohen wearing bright red glasses

    Hat Trick: Cohen on Flynn v. Holder, Guatemalan reparations, and the ACA

    December 22, 2011

    Harvard Law School Assistant Professor of Law I. Glenn Cohen, co-director of HLS’s Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, is the author of three recently published articles on health law topics.

  • Students address critical access to care issues at conference on AIDS

    December 8, 2011

    Students working in the Harvard Law School Center for Health Law and Policy Innovation launched a new training series at the United States Conference on AIDS in Chicago last month.

  • HLS Professors Einer Elhauge and Laurence Tribe

    Health care reform: HLS faculty and alumni weigh in

    November 16, 2011

    On Monday, the Supreme Court agreed to hear challenges to the constitutionality of the Health Care Law. In an op-ed and a debate this past week, two HLS faculty members (Professors Einer Elhauge '86 and Laurence Tribe '66) and a prominent alumnus (former Solicitor General Paul Clement '92) shared their opinions on the mandate's constitutionality.

  • Professor Charles Fried

    Fried in Scotus Blog: ‘The constitutional arguments against the healthcare mandate are utterly without merit’

    August 3, 2011

    On August 1st, Scotus Blog published an op-ed by Beneficial Professor of Law Charles Fried on the constitutionality of the healthcare mandate. In the piece, Fried argues that the attack against President Obama’s Affordable Care Act is pure politics and ignores established legal principles.

  • Tribe in The Boston Globe: Congress can compel action due to public necessity

    April 4, 2011

    In an Apr. 3 op-ed in The Boston Globe, Harvard Law School Professor Laurence Tribe ’66 discusses the debate on the constitutionality of the Affordable Care Act—specifically the individual mandate, which requires those otherwise uninsured (by an employer or by a federal program such as Medicaid) to purchase health insurance.

  • Is the Obama Health Care Reform Constitutional? Fried, Tribe and Barnett debate the Affordable Care Act

    March 28, 2011

    Debating what Harvard Law School Dean Martha Minow called “one of the most important public policy issues and one of the most important constitutional issues,” three law professors offered different perspectives on whether the individual mandate portion of the Affordable Care Act (ACA) violates the commerce clause of the Constitution and infringes on personal liberties.

  • Fried, Carvin, Barnett, and Durbin

    Fried, Dellinger testify on the constitutionality of the healthcare law (video)

    February 3, 2011

    Yesterday, the Senate Judiciary Committee chaired a hearing on the constitutionality of the Affordable Care Act and the provision that requires, beginning in 2014, every American to maintain health insurance coverage. The law requires all citizens without work-based insurance to purchase plans in the private market.