Litigating Federal Health Care Legislation and Interstices of Procedure
4 Pages Posted: 10 Aug 2012
Date Written: March 7, 2012
Abstract
Although much has been written on the constitutionally of the Patient Protection and Affordable Care Act, both before and after the Supreme Court decided National Fed. of Indep. Business v. Sebelius, 132 S.Ct. 2566 (2012), much less scholarly attention has focused on the procedural aspects of the litigation including jurisdiction, standing, ripeness, and severability. These procedural issues were the focus of the University of Richmond Law Review Symposium held in November 2011. The papers from that symposium highlighted several important themes including judicial restraint and the role of states as litigants.
Keywords: Patient Protection and Affordable Care Act, Obama Care
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