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Insight on Health Reform Law Arguments for Bloomberg BNA

Practices: Appellate & Supreme Court

Two years after the signing of the Patient Protection and Affordable Care Act (PPACA), the U.S. Supreme Court heard roughly six hours of oral arguments over a three day period from March 26 to March 28 on its validity. Douglas Hallward-Driemeier, leader of Ropes & Gray’s appellate and Supreme Court practice, and employee benefits principal Harvey Cotton opined on the latest developments in the reform debate during an interview with Bloomberg BNA. Their comments were published in an article in Bloomberg BNA’s Health Resource Center; Pension & Benefits Daily; and Health Care Daily Report on April 4, 2012.

In the article Cotton, among other remarks, said the parties' attorneys did “a good job of demonstrating just how complex” the severability issue is—that is, whether, if the individual mandate falls, the remainder of PPACA can be saved.

Hallward-Driemeier, among other comments, said “the court has been careful to limit the AIA [Anti Injunction Act]'s reach, and the justices could take a middle ground and hold that the AIA simply does not apply here.” Cotton added that if the Court decides AIA does not apply, “that would be good for employers, who are ‘operating in a period of uncertainty’ and ‘absolutely’ want to have PPACA's validity settled now.”

To keep up-to-date on health reform and to receive regular analysis and insight on new implementation developments visit the Ropes & Gray Health Reform Resource Center.

To view the full Bloomberg BNA article, please click here.
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