Constitutional Law, Politics, Society

EMTALA

-Submitted by David Drumm (Nal), Guest Blogger

EMTALA is an acronym for Emergency Medical Treatment and Active Labor Act passed in 1986 and signed into law by then-President Ronald Reagan. It requires hospitals and ambulance services to provide care to anyone needing emergency healthcare treatment regardless of citizenship, legal status or ability to pay. Since there are no provisions for reimbursement, it’s often cited as an example of an unfunded mandate. EMTALA applies only to “participating hospitals”, those who accept funds under the Medicare program, which for practical purposes, is all hospitals. EMTALA was enacted to prevent the practice of “patient dumping”, where, because of the inability to pay or insufficient insurance, hospitals would discharge emergency patients. Hospitals and physicians can incur a $50,000 fine for each violation.

EMTALA provides access to the health care system for everyone.

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Courts, Lawyering, Politics, Society

Court: Judge Allowed To Speak Publicly Against Federal Law and “Institutionalized Racism”

Ninth Circuit Chief Judge Alex Kozinski (left) has written an order (below) absolving a magistrate judge (believed to be Magistrate Judge Edward Chen) of ethical charges after he spoke out publicly against “institutionalized racism” and the criminalization of immigration laws.
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Congress, Constitutional Law, Lawyering, Politics, Society

Cuccinelli To Seek Expedited Review By Supreme Court on Health Care — Bypassing The Fourth Circuit

Virginia Attorney General Ken Cuccinelli announced this morning that he will file a Petition for Certiorari Before Judgment today requesting that the U.S. Supreme Court review the Commonwealth v. Sebelius decision without waiting for a ruling from the United States Court of Appeals for the Fourth Circuit.

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Congress, Constitutional Law, Courts, Politics, Society

Health Care and Federalism: A Response to Professor Charles Fried

I have received a significant number of emails after my earlier stated views on the national health care legislation were raised in the hearings this week before the United States Senate Committee on the Judiciary. Unfortunately, I am plowed under this week in litigation, but I wanted to offer a brief response to Harvard Law Professor and former Reagan Solicitor General Charles Fried who disagreed with my views on the danger to federalism.

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Constitutional Law, Courts, Lawyering, Politics, Society

Redskins Owner Threatens Newspaper With Libel Suit After Unflattering Article

Dan Snyder is reportedly planning a defamation action against Washington’s City Paper for a scathing story about his controversial time as owner of the Washington Redskins. The case could prove an interesting battle over first amendment rights and defamation law.

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Congress, Constitutional Law, Courts, Lawyering, Politics, Religion, Society, Supreme Court

The Ford Pinto Act: Is The White House Claim of “Activism” Fair?

Here is my column in USA Today (which was posted yesterday but will run in print on Monday) on the charge that Judge Vinson is an activist after his striking down of the entire health care plan. While I did not view the opinion as particularly strong in its substantive analysis and did not like the rhetoric flourishes (as discussed with Lawrence O’Donnell this week), I find the charge of activism to be a bit forced over the issue of severability.
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Academia, Bizarre, Constitutional Law, Politics, Society

Where Do You Find Gender Discrimination? Professor Says It Is The National Geographic Bee

Minot State University professor emeritus Eric Clausen has filed his second federal complaint alleging that he was retaliated against by the National Geographic Society after he complained that the contest discriminated against girls because virtually no girls have won the national title.

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Bizarre, Criminal law

Victim Found in Trunk of Stolen Car After Fender Bender

Barion Blake is being sought by police to answer for something found in his trunk after a fender bender: a body. Police charge that Blake store a BMW from an owner, stabbed him, and stuffed him in the trunk. Akeem Ajimotokan was saved when an accident put Blake to foot and New York police noticed blood on the trunk.

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