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Professors offers new take on national health care reform litigation

James G. Hodge Jr.
September 20, 2011

An article by James G. Hodge Jr., ASU Lincoln Professor of Health Law and Ethics and director of the Sandra Day O'Connor College of Law’s Public Health Law and Policy Program, was published in the Spring 2011 issue of the Journal of Law, Medicine, and Ethics.

The article, “Congress, Courts, and Commerce: Upholding the Individual Mandate to Protect the Public’s Health,” was co-authored by Erin Fuse Brown, a visiting assistant professor and Fellow in the Public Health Law and Policy Program, Daniel Orenstein (J.D., Class of 2011), a fellow and faculty associate in the Public Health Law and Policy Program, and 3L Sarah O’Keefe, a researcher in the Public Health Law and Policy Program.

The authors explore the constitutional conundrum underlying the 2010 health care reform act’s requirement that all individuals obtain health insurance by 2014 or face civil penalties. They offer a refined interpretation of the scope of Congress’ commerce power to regulate and therefore further the public’s health in our federal system of government.

To read the full article pertaining to the Patient Protection and Affordable Care Act, click here.

Hodge is Director of the Public Health Law Network – Western Region, a Faculty Fellow in the Center for Law, Science & Innovation, an Affiliate Professor in Global Health, ASU School of Human Evolution & Social Change, and an Affiliate Faculty member in both the ASU School of Public Affairs and the ASU Department of Biomedical Informatics. Through scholarly and applied work, he delves into multiple areas of public health law, global health law, ethics and human rights. Hodge teaches Health Law, Ethics, and Policy, Public Health Law and Ethics, and Global Health Law and Policy at the College of Law.

Janie Magruder,
Office of Communications, College of Law