Elizabeth Price Foley (born 1965 in Atlanta, Georgia) is an American legal theorist who writes and comments in the fields of constitutional law, bioethics, and health care law. She is a Professor of Law at Florida International University College of Law, a public law school located in Miami, Florida.
Foley received her bachelor's in history from Emory University. She received her juris doctor from University of Tennessee College of Law, where she graduated as class valedictorian and served as an Articles Editor of the Tennessee Law Review. She received her LL.M. from Harvard Law School.
Foley is the chief architect, along with lawyer David B. Rivkin, of the House of Representatives' lawsuit against President Obama, challenging the constitutionality of the President's implementation of the Affordable Care Act. The lawsuit is focused on the President's constitutional duty, under Article II, section 3 of the Constitution, to "take care that the laws be faithfully executed." Her testimony in February 2014 before the House Judiciary Committee provided a detailed four-part "roadmap" outlining how the House could obtain "institutional" standing to assert an institutional injury. Her subsequent testimony, in July 2014, before the House Rules Committee, provided further detail about her legal theory on both standing and the merits of a challenge based on the President's failure to faithfully execute the law...
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