Bruce Webb on Angry Bear was among the first of bloggers to point out that this aspect of the Medical Loss Ratio begins in 2009 and  here and points again to the MLR as it comes into play. A non-profit group estimates if the Affordable Care Act provisions had been effect in 2010, U.S consumers would […]

by Beverly Mann Judge Brett Kavanaugh’s Strange Political Prediction—And Other Recent ACA-Litigation Events Well, as you all probably know by now, there have been two major developments in the courts within the last two weeks on the litigation challenging the constitutionality of the Patient Protection and Affordable Care Act (the ACA, a.k.a., “Obamacare). On November […]

by Beverly Mann Paul Clement’s weird tail-can-morph-the-dog ACA-litigation argument Earlier this month I wrote a post called “Markets and the ACA: Why the Supreme Court Will Uphold the ACA” that discussed an article-length post by Santa Clara constitutional law prof. Brad Joondeph published on a blog he runs dedicated entirely to the ACA litigation. I […]

Guest post by Michael Halasy AMA backs the mandate… The AMA has its annual House of Delegates meeting last week, and boy, are they concerned. Recent evidence has suggested that they have lost 12,000 members since 2009. Much of this has been due to the AMA’s support of the PPACA. Today, the HOD voted to […]

by Beverly Mann Ah! It’s not about regulating markets, after all! It’s about regulating the individual! ATLANTA — In perhaps the weightiest of the dozens of challenges to the Obama health care law, a panel of appellate judges grappled Wednesday with the essential quandary of the case: if the federal government can require Americans to […]

by Beverly Mann New wrinkles in the ACA litigation – Part II Okay, well, now y’all know from reading Part I that under the Constitution’s Article III requirement that plaintiffs in lawsuits have some “particularized” (and ya know what that means, from reading Part I) injury or be in imminent danger of suffering one, and […]

by Beverly Mann Last week, one of the law blogs I read regularly mentioned a post from May 11 on a law blog read regularly by a lot of law geeks (but not by me) about the oral argument in those cases a day earlier. The blog is The Volokh Conspiracy. Its bloggers are prominent […]

by Beverly Mann The Difference Between Defending DOMA and Defending Neo-Nazis and the ACA A post via Blog of Legal Times on Wednesday titled “King & Spalding Offers New Details on Marriage Mess,” which summarizes a report that day in one of its sister ALM (American Law Media) publications, the Atlanta-based Daily Report Online by […]

by Beverly Mann Much Ado About Not Much The big legal news today was the first appellate-court oral argument, this afternoon, on the constitutionality of the Affordable Care Act. The argument—arguments, actually; two separate cases were argued separately—were to a three-judge panel of the Court of Appeals for the Fourth Circuit, the regional federal appeals […]

by Beverly Mann Laurence Tribe on the ACA … and the Supreme Court justices Argggh. In rereading my comment from yesterday to Bruce’s “Health Care ACA Act: Who does the Roberts Court Work For?” post, I realized that there’s a major part of my comment that’s, well, missing: the part that explains why I started […]