Author Archives: jberman1

The Subsidy Question in King v. Burwell – A Federalist Response to Crony Capitalism

Antonio F. Perez – On the surface, King v. Burwell appears to be a simple case about statutory interpretation. In the Affordable Care Act (widely known as Obamacare), when Congress referred to the “State,” in the provision triggering federal subsidies to insurance consumers for purchases made from federally-authorized insurance providers selling federally-authorized insurance products, should the “State” […]

Conflict Minerals Disclosure

JULIE BLACKMORE & JOE BUCCIERO – 2013 was the first year public that companies dealt with the conflict minerals rule. This year, we can review which companies chose to report, how they did so, and what the future will look like for conflict mineral disclosures. The rule is relatively self-contained, so it is an easy way to dip […]

Wollschlaeger, A Patient’s Right to Privacy, and a Renewed Focus on Mental Health Treatment

By Chad A. Pasternack In response to doctors pushing gun control agendas on patients, Florida enacted the Firearm Owners Privacy Act. The law, upheld by the Eleventh Circuit in Wollschlaeger v. Governor of Florida, protects patients from intrusive lines of inquiry unrelated to their treatment and from discrimination due to firearm ownership. While patients in […]

King v. Burwell and the Rise of the Administrative State

Ronald D. Rotunda – The Patient Protection and Affordable Care Act—popularly called either the “ACA,” or “Obamacare” by opponents, proponents, and even the White House—is a complex law totaling nearly a thousand pages in length. The litigation now before the Supreme Court in King v. Burwell presents, on the surface, a simple issue of statutory […]