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Posted by on Oct 7, 2011 in Health care, Legal, Legislation

Hah: Blog Cited as Essential Reference in NEJM

Hah: Blog Cited as Essential Reference in NEJM

This week’s NEJM provides a useful barometer article, including a neato graphic timeline, on the litigation status of [PP]ACA (“Not So FastJusisdictional Barriers to the ACA Litigation“). Thanks, Mssrs Jost and Hall.

Their salient points:

  • So far, ~30 lawsuits have been filed against the ACA.
  • A Supremes‘ decision in June 2012 is likely, given the admin’s petition for their review on September 28.
  • The jurisdictional issues generally, which are somewhat intertwined, rest on one of the following:
    • Whether Congress exceeded its constitutional authority when imposing the individual mandate to purchase insurance.
    • Whether state or individual plaintiffs have standing when challenging the ACAparticularly, in the latter case, before the “meat” of the ACA (eg, the individual mandate) goes into effect in 2014.
    • Whether grievances are sufficiently ripemeaning whether cases have been filed prematurely (before the “meat” of the ACA goes into effect in 2014).
    • Whether the fine for not purchasing insurance is a penalty or tax or something else altogether (eg, an “exaction”*) and whether the label really makes any difference (the answer: it seems to; in fact, maybe big time).

My favorite part of the article, however, is the reference for the table outlining the status of 6 ACA cases.** It is the ACA Litigation Blog (a blog!), evidently run by Santa Clara law professor Brad Joondeph. Har-dee-har-har, NEJM.

ACA = Affordable Care Act.

* Haven’t heard that one yet.
** For scorekeepers: 1, it’s constitutional; 1, it’s unconstitutional; 4, no jurisdiction; 1, decision pending.

bmartin (1130 Posts)

A native East Tennessean, Barbara Martin is a formerly practicing, board-certified neurologist who received her BS (psychology, summa cum laude) and MD from Duke University before completing her postgraduate training (internship, residency, fellowship) at the Hospital of the University of Pennsylvania in Philadelphia. She has worked in academia, private practice, medical publishing, drug market research, and continuing medical education (CME). For the last 3 years, she has worked in a freelance capacity as a medical writer, analyst, and consultant. Follow Dr. Barbara Martin on and Twitter.