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What Does the Health Care Ruling Mean for Environmental Law?

July 31 | 12:00 PM - 1:30 PM (add to my calendar)

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In a blockbuster ruling, the Court surprised most observers by upholding the individual mandate under the Taxing Clause. But a majority of the court also held that ACA’s Medicaid expansion violates the Spending Clause by threatening non-complying states with a loss of existing funding. And five justices—the Chief Justice and four dissenters—concluded in separate opinions that the ACA runs afoul of the Commerce Clause. Given this outcome, what are its implications for environmental law? Will the Spending Clause ruling have consequences for the Clean Air Act or other environmental laws? Could the opinions on the Commerce Clause fuel new challenges to the scope of existing environmental laws, such as the ESA? Does this ruling suggest a rift among the Court’s conservative justices, and what might this mean for future cases?

Join us for a hearty discussion on the implications of the health care ruling for environmental law.


Bruce Myers, Senior Staff Attorney, ELI (moderator)

Jonathan Adler, Professor of Law, Case Western Reserve University School of Law

James May, Professor of Law, Widener Law

David Weinberg, Partner, Wiley Rein LLP


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