Harvard Law clinic files amicus brief defending employees’ access to no cost preventive health care


Harvard Law School’s Center for Health Law and Policy Innovation (CHLPI) filed an amicus brief to the U.S. Supreme Court in Zubik v. Burwell, an Affordable Care Act (ACA) challenge set for argument on March 26. The brief asks the Court to affirm Court of Appeals’ decisions upholding the federal policy of maintaining access to free preventive care, including contraceptive services, in employer-sponsored health plans.

Elhauge releases e-book on Obamacare

HLS Professor Einer Elhauge ’86

Professor Einer Elhauge ‘86 has released an e-book—titled “Obamacare on Trial” —on the Patient Protection and Affordable Care Act case decided by the Supreme Court. Elhauge raises points that were not aired in the courtroom, including the fact that the constitutional framers themselves had approved mandates to buy health insurance.

Vermeule in TNR: Constitutional conventions

Professor Adrian Vermeule ’93

In light of the late-June Supreme Court decision on the constitutionality of the Patient Protection and Affordable Care Act, Harvard Law School Professor Adrian Vermeule ’93 recently reviewed Michael J. Gerhardt’s “The Power of Precedent” (Oxford University Press) for The New Republic’s online review ‘The Book.’  According to Vermeule, Gerhardt’s book is a “learned overview” of the role of past decisions in today’s legal system.

Fried on SCOTUSblog: The June surprises—Balls, strikes, and the fog of war

Charles Fried Preferred Faculty Photo, as of 2/28/14

Harvard Law School Professor Charles Fried has written a major article analyzing the Supreme Court’s late-June decision on the Patient Protection and Affordable Care Act. The article, which is scheduled to appear in an upcoming issue of the Journal of Health Politics, Policy and Law, and also in a volume to be published by Oxford, has been given a rare advance publication by SCOTUSblog, which posted it on August 2.

Randy Barnett at HLS, on challenging the individual mandate (video)

Georgetown University Law Center professor and libertarian legal theorist Randy Barnett ’77

A decision by the U.S. Supreme Court on whether Congress has the power to mandate individuals to have private insurance coverage isn’t expected until the end of June. But Georgetown University Law Center professor and libertarian legal theorist Randy Barnett ’77 is already claiming victory of sorts for his argument that the mandate is unconstitutional.