An Empty Promise? Wheaton College v. Sebelius and Its Policy Implications on Impending PPACA Litigation
Loyola University Chicago School of Law Annals of Health Law Advance Directive, 2012
12 Pages Posted: 2 Dec 2018
Date Written: 2012
Article III to the United States Constitution confines federal court jurisdiction to, inter alia, cases and controversies arising under the Constitution and United States laws. This clause is colloquially known as the justiciability doctrine. However, because policy considerations often shape the justiciability doctrine’s application in federal litigation, satisfying the doctrine is a significant, and sometimes muddled, burden for litigants to satisfy. This interdisciplinary article addresses how federal courts apply the justiciability doctrine in federal litigation. The article then analyzed the doctrine as applied in previous litigation challenging the Department of Health and Human Services Mandate under the Patient Protection and Affordable Care Act of 2010.
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