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Health Care & Hospital Law

Mar. 16, 2012

Modern-day oracle: Adjudicating health care reform by dissent

In many cases, the dissenting opinion has provided a foreshadowing of things to come. By Craig B. Garner


The procedural infrastructure within which the nation's judicial system operates is as important as the canons of law the courts espouse. In many ways, the doctrine of justiciability affords the federal courts an opportunity to rule with finality in matters of the U.S. Constitution, while at the same time ensuring that an appropriate distance is maintained between the three branches of federal government. Given the numerous preconditions upon which certiorari is...

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