//  6/24/19  //  Quick Reactions

In a surprise, the Supreme Court agreed this morning to hear cases arising out of the risk corridor mess. At issue is $12 billion in federal money, and the case’s outcome will hinge on what Congress meant when it placed limits on the use of appropriated funds in an effort to sabotage the Affordable Care Act.

The Federal Circuit held that Congress, in placing those limits, qualified an earlier promise made in the ACA to make risk corridor payments to insurers that lost big on the exchanges. As I’ve explained many times, I think that decision is wrong. We’ll see if the Supreme Court agrees.

I’m on the road, so a longer recap of the background and the litigation will have to wait. But I’ve been writing about the appropriations battle since 2014, and I thought I’d provide some resources if you’re interested in learning more about the case.

  • Here’s my take on the Federal Circuit decision that the Supreme Court will review. It’s a short and crisp description of the key issues in the case, and offers too my views about why the Federal Circuit got this one wrong.
  • Craig Garthwaite and I put the litigation into its broader context—the full faith and credit of the U.S. government—in this New York Times op-ed.
  • I discuss the litigation at some length in this Pennsylvania Law Review piece laying out my view that
  • I’ve got a piece in the New England Journal of Medicine discussing rumors that the Obama administration wanted to settle the cases when they were still in the Court of Federal Claims.
  • And here’s my first piece from May 2014 on the whole fiasco—titled “Does the Risk Corridor Program Have a Fatal Technical Flaw?”

@nicholas_bagley


Versus Trump: Vs. The Inaugural Committee, Plus Bolton Update

1/30/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason look at a new lawsuit by D.C. claiming that Trump's inaugural committee overpaid for space at the Trump Hotel and thus "wasted" at least $1 million in charitable funds. Spoiler alert: the lawsuit seems convincing. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Who Are Presidential Electors?

1/25/20  //  In-Depth Analysis

On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Versus Trump: Trump vs. The Equal Rights Amendment

1/16/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Easha, and Charlie discuss the Trump Administration's new legal opinion regarding the legal status of the Equal Rights Amendment, also known as the ERA. They consider what will happen now that Virginia has become the 38th state to ratify the ERA since 1972. Is it too late, or can Congress do anything to add this amendment to the Constitution? Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps