Health Care Law

Criminalizing Reasonable Interpretations of Regulatory Schemes: Clay v. United States - Podcast

Criminal Law & Procedure Practice Group Podcast
Paul D. Kamenar, John F. Lauro, John G. Malcolm July 29, 2015

Is Clay v. United States, currently pending in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, ended in the indictment, conviction, and prison sentences for the company’s top executives for fraud. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement. John Lauro, counsel in the case, discussed the lawsuit, with Paul Kamenar joining to offer questions and comments.

  • Paul D. Kamenar, Washington, D.C. Attorney and Senior Fellow, Administrative Conference of the United States
  • John F. Lauro, Principal, Lauro Law Firm
  • Moderator: John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

King v. Burwell - Post-Decision SCOTUScast

SCOTUScast 6-26-15 featuring Jonathan Adler and Josh Blackman
Jonathan H. Adler, Josh Blackman June 26, 2015

On June 25, 2015, the Supreme Court issued its decision in King v. Burwell. The question in this highly anticipated case is whether the Affordable Care Act authorizes the Internal Revenue Service to offer tax credit subsidies for individuals purchasing health insurance through federal exchanges.

In an opinion delivered by the Chief Justice, the Court held by a vote of 6-3 that the tax credit subsidies authorized by section 36B of the Affordable Care Act for individuals purchasing health insurance through state exchanges are also available to individuals in states that have a federal exchange.  The judgment of the Fourth Circuit was affirmed.

Justices Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan joined the opinion of the Court. Justice Scalia filed a dissenting opinion which Justices Thomas and Alito joined.

To discuss the case, we have Prof. Josh Blackman, who is an Assistant Professor of Law at the South Texas College of Law and Prof. Jonathan Adler who is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at Case Western Reserve University School of Law.

King v. Burwell: What are the consequences?

Short video debate with Michael Cannon and Robert Weiner
Michael Cannon, Robert N. Weiner June 22, 2015

Michael Cannon, Director of Health Policy Studies at the Cato Institute, and Robert N. Weiner, Partner at Arnold & Porter debate the potential consequences of the Court’s ruling concerning whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1321 of the Patient Protection and Affordable Care Act.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.