The Georgia House of Representatives passed a bill on Wednesday prohibiting companies that benefit from state economic development incentives from recognizing unions without first conducting formal secret-ballot elections. The bill, Senate Bill 362, now awaits Governor Brian Kemp’s signature to become law in the state. The bill has sparked debate regarding its compliance with federal [...]
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The US Supreme Court Thursday stayed the Biden administration’s recent COVID-19 business vaccine mandate, but it permitted the vaccine mandate for facilities participating in Medicare and Medicaid programs. In staying the Occupational Safety and Health Administration’s (OSHA) business vaccine mandate, the court reasoned that OSHA can “regulate occupational dangers” but lacks “the power to regulate public [...]
US Supreme Court hears oral arguments on federal vaccine mandates
The US Supreme Court heard oral arguments Friday concerning whether agencies under the Biden administration had the authority to require large employers and medical care facilities that participate in Medicare and Medicaid to mandate employee vaccinations. The first case, National Federation of Independent Businesses (NFIB) v. Department of Labor (DOL), addresses the administration’s authority to [...]
The Affordable Care Act (popularly known as Obamacare) may be the Supreme Court equivalent of the cat with nine lives. Or at least four. Starting with its decision in NFIB v. Sebelius, 567 U.S. 519 (2012), the Supreme Court has now turned aside three distinct lines of attack on the Act’s controversial “individual mandate” (which [...]
In Significant DACA-Rescission Ruling, Chief Justice Roberts Again "Threads the Needle"
The Supreme Court’s 5-4 invalidation, in Department of Homeland Security, et. al. v. Regents of the University of California, et. al. of the Trump Administration’s attempt to rescind the DACA program has obvious practical (if only temporary) significance for millions of Americans. The Obama-era Deferred Action for Childhood Arrivals (DACA) program provided renewable two-year deferrals from [...]
On the last day of its 2018-2019 Term, the Supreme Court decided in Department of Commerce v. New York that Commerce Secretary Wilbur Ross could not add a question about citizenship to the 2020 Census solely on the basis of the “contrived” and “pretextual” reason he cited (the need to better enforce the Voting Rights [...]
Since its enactment in 2010, the Affordable Care Act (ACA) has provided meaningful coverage for millions of Americans, reformed the national health insurance and health care delivery infrastructure, and assured basic public health services through core funding. Enforcing the ACA has also entailed a multitude of political and legal challenges including (1) dozens of failed [...]
Judge Kavanaugh and the Public’s Health: Existing & Emerging Challenges
President Donald Trump’s recent nomination of Judge Brett M. Kavanaugh as Associate Justice to the U.S. Supreme Court from a list of potential candidates has ignited immediate support and criticism from conservatives and liberals respectively. An undergrad and law alum at Yale University, Judge Kavanaugh clerked for the departing Justice Anthony Kennedy, practiced law privately [...]
Trump administration will not defend sections of Affordable Care Act
The Trump administration said Thursday that it will not defend portions of the Affordable Care Act (ACA) in a challenge by 20 states. The administration filed a response Thursday to the complaint along with a letter from Attorney General Jeff Sessions agreeing with the plaintiffs and calling for a declaratory judgment by the court to [...]
A coalition of 20 states, led by Texas Attorney General Ken Paxton , filed a lawsuit in the US District Court for the Northern District of Texas on Monday alleging that the Affordable Care Act (ACA) is...
