Suffolk University Law student Brendan S. Abel and Law Professor Renée M. Landers, an expert in health care law, have co-authored an article along with Dr. Gregory D. Curfman, in the March 15 issue of the New England Journal of Medicine.
In “Supreme Court Review of the Health Care Reform Law,” the writers outline issues facing the high court as it examines the difficult question of constitutionality raised by the Affordable Care Act (ACA).
The article explains that in hearing arguments on the “individual mandate” to maintain minimum coverage and on the requirement for states to extend Medicaid eligibility, the court will be required “to apply the principle of federalism, which recognizes the division of power between the federal and state governments. The justices will determine whether, in crafting the ACA, Congress exceeded its powers.”
“However the Supreme Court rules, the implications for health care in the United States will be profound,” the authors write.
The article also points to the effects this ruling could have on the presidential election, given that the ACA was signed into law by President Obama and “is already a hot-button issue.”
Abel, a fourth-year evening student, is managing editor of Suffolk Law's Journal of Health & Biomedical Law. He is the Senior Perspective Researcher at the New England Journal of Medicine.
Landers will provide commentary for WGBH Radio during the Supreme Court oral arguments on March 26, 27 and 28.
She also discussed the upcoming Supreme Court case in a recent speaking program at the Law School, Flashpoints in Federalism: The Clash of Federal and State Sovereignty in Health Care, Immigration and Gay Marriage.