On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act (“ACA”) into law, resulting in the most sweeping reform of the healthcare marketplace and one of the largest expansions in access to healthcare in American history. A key component to both...

There was an argument that the Obama Administration's lawyers could have made — but didn't — in defending Obamacare's individual mandate against constitutional attack. That argument would have highlighted the role of comprehensive health insurance in steering individuals' health care savings...

The minimum coverage provision does not require individuals to purchase any unique product or service but rather requires a standardized financial contribution to the national healthcare infrastructure from all legal residents who are able to pay – a kind of requirement that has never been...

This Symposium contribution argues that the national government ought to be in charge of most if not all healthcare regulation in the United States and that the Patient Protection and Affordable Care Act missed many opportunities to centralize regulatory authority in beneficial ways, leaving too...

Because tort law generally and healthcare regulation specifically are traditional state functions and because medical, legal, and insurance practices are highly localized, legal scholars have long believed that medical malpractice falls within the states' exclusive jurisdiction and sovereignty....

On June 28, 2012, a mere century after the first presidential proposal for national health insurance, the Supreme Court issued a resounding victory for President Obama and for health-care reform generally, upholding the Patient Protection and Affordable Care Act against a serious constitutional...