By Thomas L. Hafemeister and Joshua Hinckley Porter

Currently, there are a series of legal challenges to the Patient Protection and Affordable Care Act (PPACA) winding their way through the courts, driven primarily by elected Republican officials from various states, claiming, among other things, that the enactment of the PPACA by the Democratic majority exceeded the constitutional authority of the federal government. Ironically, the positions of the two political parties on this constitutional authority could be diametrically reversed should the Republicans ultimately regain power in both houses and succeed in passing a federal medical malpractice reform package, with Democratic officials then asserting that such an enactment exceeds the constitutional power of Congress.

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Recommended Citation
Thomas L. Hafemeister, et al., The Health Care Reform Act of 2010 and Medical Malpractice Liability: Worlds in Collision or Ships Passing in the Night, 64 SMU L. Rev. 735 (2011)