Elizabeth Price Foley

Elizabeth Price Foley (born 1965) is a conservative 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. She also serves as counsel to the Washington, D.C., office of BakerHostetler, LLP, where she practices constitutional, appellate, and food and drug law.

Education

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 Master of Laws from Harvard Law School.

Career

Foley was 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 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.

Foley was a senior legislative aide for health policy to U.S. congressman Ron Wyden of Oregon and legislative aide to U.S. congressman Michael A. Andrews of Texas.