When the Supreme Court considers whether Congress has the constitutional power to compel individuals to buy health insurance, the argument supporting Congress may rest on a non sequitur and a semantic fiat. A judge's recent ruling argues that the insurance mandate must be constitutional because Obamacare would collapse without it. A forthcoming law review article agrees with this and with the judge's idea that, regarding commerce, being inactive is an activity. Obamacare does indeed require the mandate: Because the law requires insurance companies to sell coverage to people regardless of their pre-existing conditions, many people might delay buying insurance until they become sick. But is the fact that the mandate is crucial to the law's functioning dispositive?
This paper evaluates an Air Force performance-based service contract against the contracts that were prescriptive in the past. Department of Defense mandated that all service contracts be performance-based by 2005. The goal of the paper is to determine whether this contract, after becoming performance-based, is achieving greater cost savings and better outcomes for government, contractor, and taxpayers. The paper assesses the contract performance standards and how they are measured. The authors analyze the language of the Statement of Work (SOW) before and after it became performance-based. The contractor's performance is evaluated. Positive incentives are identified and described. Finally, the paper addresses risk assessment issues.
A new state mandate has some local governments scrambling for funding. The Line of Duty Act, which gives death benefits to families of police officers and firefighters and health benefits to those injured or disabled, will soon be financed by localities after decades of state funding.
ATLANTA - A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties. The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, which is considered the centerpiece of the law, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
WHEN THE Supreme Court considers whether Congress has the constitutional power to compel individuals to buy health insurance, the argument supporting Congress may rest on a non sequitur and a semantic fiat. A judge's recent ruling argues that the insurance mandate must be constitutional because Obamacare would collapse without it. A forthcoming law review article agrees with this and with the judge's idea that, regarding commerce, being inactive is an activity. Obamacare does indeed require the mandate: Because the law requires insurers to sell coverage to people regardless of their pre- existing conditions, many people might delay buying insurance until they become sick. But is the fact that the mandate is crucial to the law's functioning dispositive?
President Obama's health care law received a chilly reception Wednesday from a federal appeals court that seemed wary of approving a major expansion of government coercion over the economic activity of millions of Americans. Acknowledging they are breaking new ground in considering this case, the three-judge panel of the 11th U.S. Circuit Court of Appeals sitting in Atlanta questioned whether there is any precedent in more than two centuries in which the Supreme Court has upheld a law that forces individuals to buy a private good or service - in this instance, the individual mandate that every American obtain health insurance.
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