As speculation continues to swirl about the timing and ultimate focus of Supreme Court review of the various rulings to date in the healthcare litigation, the time is ripe for consideration of the procedural aspects of that litigation. Although scholarly and popular attention has focused largely on the constitutional merits, the litigation over the healthcare legislation has raised important questions about the role of states as litigants, the distinction between facial and applied challenges, severability, the federal tax Anti-Injunction Act, and other issues. The University of Richmond Law Review’s 2011 Allen Chair Symposium will bring together experts from state government and academia to explore these important but unheralded issues and to situate the litigation in the broader political and regulatory landscape.
The symposium will take place on November 11, 2011 at the University of Richmond Law School. Details on registration and attendance are available here, with more information about the schedule in the conference brochure.
There are three panels scheduled:
9:30 A.M. The Role of States as Litigants in the Mandate Litigation
E. Duncan Getchell, Jr., Solicitor General of Virginia
William F. Brockman, Acting Solicitor General of Maryland
William P. Marshall, William Rand Kenan, Jr., Distinguished Professor of Law, University of North Carolina School of Law
11:15 A.M. Deﬁning the Scope and Legal Effect of the Challenges to the Individual Mandate
Edward A. Hartnett, Richard J. Hughes Professor, Seton Hall University School of Law
Tobias A. Dorsey, Special Counsel for the United States Sentencing Commission (USSC)
Kevin C. Walsh, Assistant Professor of Law, University of Richmond School of Law
2:00 P.M. Situating the Mandate Litigation in the Broader Regulatory and Political Landscapes
Bradley W. Joondeph, Santa Clara University School of Law, Creator of the ACA litigation blog
A. Christopher Bryant, Professor of Law, University of Cincinnati College of Law
Elizabeth Weeks Leonard, Associate Professor of Law, University of Georgia Law
(For those attending the Federalist Society’s National Lawyers’ Convention, sorry for the conflict. Proceedings will be made available via live webcast for any unable to attend, and the papers will be published in a spring edition of the University of Richmond Law Review.)