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Douglas L. McSwain
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Blog Entries by Douglas L. McSwain

Supreme Court Review of Health Reform: Will History Repeat Itself?

Posted March 2, 2012 | 03/02/12 05:11 PM ET

Ever since our country's founding, the U.S. Supreme Court has had to decide critical issues at the heart of potent political disputes. Lessons from some of the most famous Supreme Court moments in history can shed light on how the present Court might deal with the current legal attacks on...

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Legal Forecast: The Supreme Court Won't Strike Health Reform -- Part II

Posted December 30, 2011 | 12/30/11 11:56 AM ET

As described in The Supreme Court Won't Strike Health Reform - Part I, the forecast for the entire Affordable Care Act, or "Obamacare," is partly sunny. Here in Part II is the forecast for the Act's Medicaid expansion and an analysis of whether the individual mandate's penalty is...

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Legal Forecast: The Supreme Court Won't Strike Health Reform - Part I

Posted November 30, 2011 | 11/30/11 11:18 AM ET

The legal forecast for the Affordable Care Act -- "Obamacare" -- is partly sunny skies. While the Supreme Court recently accepted the Act for review, the Court is not expected to hurl lightning bolts striking down any part of the Act. (Of course, this is only a prediction; there are...

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Health Care Reform Is Here!

Posted November 22, 2011 | 11/22/11 12:01 PM ET

The U.S. Supreme Court has accepted review of the Affordable Care Act -- what opponents call "Obamacare" -- America's new health care reform law. It's no surprise the Court accepted review. The lower courts split on its constitutionality, and the Supreme Court must weigh in to resolve the split. Before...

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