TITLE

HEALTHCARE, ENVIRONMENTAL LAW, AND THE SUPREME COURT: AN ANALYSIS UNDER THE COMMERCE, NECESSARY AND PROPER, AND TAX AND SPENDING CLAUSES

AUTHOR(S)
MAY, JAMES R.
PUB. DATE
April 2013
SOURCE
Environmental Law (00462276);Spring2013, Vol. 43 Issue 2, p233
SOURCE TYPE
Academic Journal
DOC. TYPE
Essay
ABSTRACT
The nation's healthcare and environmental laws share some common features. Both require individuals to participate in certain markets, are steeped in the principles of cooperative federalism, and attach federal dollars to compliance. Thus, the Supreme Court's decision in National Federation of Independent Business v. Sebelius has the potential to influence the nation's federal environmental laws in new ways. First, the logical, if attenuated, extension of the Court's conclusion that the Commerce Clause does not permit Congress to compel individuals to purchase health insurance suggests some limits on the extent to which Congress may compel participation in certain pollution-control and abatement markets. Second, the Court's decision that tongress cannot "compel" states to adopt the Medicaid extension under the threat of losing all Medicaid funding suggests further limits on the extent to which Congress may withhold funding from states that do not or cannot implement federal environmental laws. Lastly, the basis for upholding the individual mandate as a tax actually has the potential to provide additional constitutional justification for federal environmental laws should the Court ever reconsider their Commerce Clause foundations. Nonetheless, the Sebelius. opinion is unlikely to have a significant impact on federal environmental laws because they can be effectively distinguished from the Court's healthcare ruling.
ACCESSION #
88044387

 

Related Articles

  • The Individual Mandate as Healthcare Regulation: What the Obama Administration Should Have Said in NFIB v. Sebelius. Moncrieff, Abigai R. // American Journal of Law & Medicine;2013, Vol. 39 Issue 4, p539 

    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 and...

  • 'Our People in General Have a High Degree of Freedom'. Frost, Tom // Liverpool Law Review;Apr2013, Vol. 34 Issue 1, p75 

    This article considers the United States Supreme Court's ruling in National Federation of Independent Business et al v Sebelius, which questioned the constitutionality of President Obama's signature healthcare reforms of 2009, which have become colloquially known as 'Obamacare'. Although the...

  • HEALTH REFORM AND THE SUPREME COURT: THE ACA SURVIVES THE BATTLE OF THE BROCCOLI AND FORTIFIES ITSELF AGAINST FUTURE FATAL ATTACK. Ouellette, Alicia // Albany Law Review;2013, Vol. 76 Issue 1, p87 

    the article focuses on the constitutional challenges to the Patient Protection and Affordable Care Act (ACA) under the development of the of the health reform law in the U.S. It discusses the decision of the U.S. Supreme Court in the case of National Federation of Independent Business v....

  • The Patient Protection and Affordable Health Care Act Decision. Craig, Robin Kundis // Administrative & Regulatory Law News;Fall2012, Vol. 38 Issue 1, p18 

    In this article, the author discusses the U.S. Supreme Court decision in the case National Federation of Independent Business v. Sebelius made on June 28, 2012, in which the Court upheld Congress's power to enact most provisions of the U.S. Patient Protection and Affordable Health Care Act...

  • THE PATIENT PROTECTION AND AFFORDABLE CARE ACT OF 2010: IMPLEMENTATION CHALLENGES IN THE CONTEXT OF FEDERALISM. RICH, ROBERT F.; CHEUNG, ERIC; LURVEY, ROBERT // Journal of Health Care Law & Policy;2013, Vol. 16 Issue 1, p77 

    No abstract available.

  • EVERYONE WAS RIGHT AND EVERYONE WAS WRONG: THE SUBTLE ECHOES OF THE SUPREME COURT'S HEALTHCARE REFORM DECISION. Kane, Brian P. // Advocate (05154987);Aug2012, Vol. 55 Issue 8, p54 

    The article focuses on the U.S. Supreme Court decision in the case National Federation of Independent Business v. Sebelius, which dealt with the constitutionality of the U.S. Patient Protection and Affordable Care Act. Topics include the Necessary and Proper in the U.S. Constitution and the...

  • HOW NFIB V. SEBELIUS AFFECTS THE CONSTITUTIONAL GESTALT. SOLUM, LAWRENCE B. // Washington University Law Review;2013, Vol. 91 Issue 1, p1 

    An essay is presented on the 2012 United States Supreme Court case National Federation of Independent Business v. Sebelius, which dealt with the constitutionality of the Affordable Care Act. It discusses the possible ramifications of the Court's decision on the Anti-Injunction Act of 2006 and...

  • National Federation of Independent Business v. Sebelius: The Constitutionality of Health Care Reform and the Spending Clause. FREELEY III, JAMES F. // Connecticut Law Review;Jul2013, Vol. 45 Issue 5, p19 

    The United States Supreme Court recently upheld the Patient Protection and Affordable Care Act, also known as "Obamacare," as a valid exercise of congressional authority. The decision, which was one of the most anxiously anticipated in years, caught many people by surprise when Chief Justice...

  • TO YOUR HEALTH. Toobin, Jeffrey // New Yorker;7/9/2012, Vol. 88 Issue 20, p29 

    In this article the author discusses the U.S. Supreme Court case National Federation of Independent Business v. Sebelius, focusing on the role played by Chief Justice John Roberts in the decision. The author contends that Roberts' views on the Commerce Clause of Article I of the Constitution...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics