//  12/15/17  //  Latest Developments

As predicted, the FCC voted yesterday to reverse its 2015 net neutrality rules—and to thereby abandon a policy position that it had held since at least the 1960s. Chairman Pai, and Commissioners O’Rielly and Carr voted to approve the Order. Commissioners Clyburn and Rosenworcel dissented.

I’ll have more to say on yesterday's vote, including comments on some dimensions of the coming legal challenges. After all, this vote is only the beginning, as this explainer on the process for challenging the FCC’s order details.


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

The Fight for Contraceptive Coverage Rages in the Time of COVID-19

5/6/20  //  Commentary

Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.

Take Care

Are There Five Textualists on the Supreme Court? If So, They’ll Rule for Transgender Workers.

5/6/20  //  Commentary

The Title VII cases before the Court present a fundamental question: are there really five textualists on the Court? We’ll find out soon.

Take Care