Boston University School of Law

Health Law Newsletter Fall 2011

Faculty News

Prof. Mariner prepares amicus brief on Affordable Care Act

Wendy MarinerProfessor of Law Wendy K. Mariner is preparing an amicus brief on behalf of health law professors in anticipation of U.S. Supreme Court review of challenges to health reform’s constitutionality.

Mariner, who is collaborating on the project with Wake Forest University Law Professor Mark Hall and Columbia Law School Associate Professor Abbe R. Gluck, said that the brief would argue issues beyond the controversial individual mandate. Mariner is also developing a number of ACA-related articles that examine similar arguments.

“Most arguments before the courts so far have focused on trying to justify the mandate by itself as an intrastate activity that substantially affects interstate commerce,” she said. “An alternative I am exploring is to see it as an incidental regulation that’s necessary to effectuate the larger regulation of health insurance and perhaps the health care delivery system under the act, such that it could be inherent in the powers under the Commerce Clause or the exercise of congressional powers under the Necessary and Proper Clause. If that’s the case, the arguments that have been so contentious may go away.”

New England Journal of Medicine Articles

In the past year, Mariner co-authored three articles published in the New England Journal of Medicine.

Health Law Professors Conference

In June, Mariner presented a side-by-side comparison of pro and con arguments on health reform’s constitutionality as part of a plenary session at the 34th annual Health Law Professors Conference in Chicago.

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