//  5/8/18  //  Uncategorized

That’s the title of an op-ed that we just published at the New York Times.

For those who are too poor to afford health insurance, Medicaid is a lifeline. This joint federal and state program doesn’t care whether you’re white or black, Christian or Muslim, Republican or Democrat, a city-dweller or a rural resident. In states that expanded their Medicaid programs under Obamacare, all you have to be is poor enough to qualify.

But maybe not in Michigan. In late April, the state Senate passed a bill that would require Medicaid beneficiaries to find work or else lose their coverage. The bill, now under consideration in the House of Representatives, has come under fire for harming the poor and disabled, as well as for imposing needless paperwork burdens on struggling families. More than 100,000 people may lose health insurance if it passes.

There’s another flaw in the bill, however, one that exposes it to serious legal challenge: It’s racially discriminatory.

We’re indebted to Nancy Kaffer of the Detroit Free Press and Danielle Emerson of the Great Lakes Beacon for first drawing attention to the bill’s racial disparities. In our op-ed, we explain why those disparities will make Michigan’s proposed approach vulnerable to legal challenge.

You can’t fit everything into an op-ed, so we'll have follow-up posts over the couple of days expanding on the legal theory and explaining why there’s no legitimate justification for the county-level exemption.

@nicholas_bagley & @EliNSavit


The Affordable Care Act Does Not Have An Inseverability Clause

11/5/20  //  In-Depth Analysis

Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

Abbe R. Gluck

Yale Law School

Pinkwashing the Supreme Court

7/2/20  //  Commentary

The Court’s LGBTQ rulings should not distract from the broader trajectory of its jurisprudence in favor of the privileged.

Take Care

Versus Trump: Easha's Back, To Talk Qualified Immunity and Police Reform

6/21/20  //  Commentary

On this week’s Versus Trump, Easha Anand makes her triumphant return to talk qualified immunity and police reform. The trio talk about the proposal to reform qualified immunity and debate whether that will do much. They then break down other new legal innovations in the various proposals and ask: is it enough to create new grounds for people to sue? Or are other reforms more important? Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP