ERIK S. JAFFE is an appellate litigator with a practice covering a wide variety of legal issues in both state and federal courts of appeals. A substantial portion of Mr. Jaffe's practice focuses on constitutional issues and litigation in the United States Supreme Court. He represents individuals, business corporations, and non-profit organizations who are parties in litigation or who seek to participate as amici curiae in cases presenting significant economic, political, or social issues. Mr. Jaffe also collaborates with other law firms and lawyers seeking to supplement their litigation resources. At the trial level, he is available to consult with and assist primary counsel on significant issues and motions, providing an appellate perspective and helping to frame the legal issues for any potential appeal.
5101 34th Street N.W.
Washington, D.C. 20008
t. 202.237.8165 f. 202.237.8166
jaffe@esjpc.com
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Erik S. Jaffe, P.C.
Law Office, Washington D.C.
FEATURED BRIEF
Department of Health & Human Services, et al.,
v. Florida et al., No. 11-398 (February 13, 2012)
Writing for amici curiae Docs4PatientCare, the Pacific Research Institute, the Benjamin Rush Society, the Galen Institute, and Angel Raich, Mr. Jaffe argues that the Individual Mandate enacted as part of Obamacare will not reduce cost shifting from the uninsured, but will in fact make cost shifting worse. He also explains that the Individual Mandate is not a Necessary and Proper means of "carrying into Execution" any exercise of power under the Commerce Clause because it does not help implement any regulation of commerce, but merely seeks to compensate for the negative consequences of a fully implemented exercise of the commerce power. Full text
RECENTLY PUBLISHED
Looking Ahead: October Term 2010
2009-20010 Cato Supreme Court Review
Mr. Jaffe examines the cases that were coming up for the Supreme Court's October Term 2010, including key cases involving federal preemption, ERISA, copyright, First Amendment freedom of speech and establishment of religion. Full text
IN THE MEDIA
Obamacare in Briefs: The Amicus Writers Preview the Key Questions The Heritage Foundation (March 20, 2012)
In a historic series of four oral argument sessions spanning six hours over three days (March 26-28), the Supreme Court will consider two challenges to the constitutionality of the ObamaCare law. The authors of some of the most important amicus briefs including Mr. Jaffe, along with Steve Bradbury, Michael Rosman, and Carrie Severino, discuss their contributions, the best arguments from the parties, and also preview how the justices are likely to react to the various arguments.