//  10/16/17  //  Commentary

That's the headline for an op-ed of mine that ran this weekend in the Los Angeles Times.

Back in 2013, the Obama administration asked Congress to appropriate the money for the cost-sharing payments. The Republican-controlled Congress refused. Concerned for the fate of its healthcare bill, the Obama administration then adopted a dubious legal theory that allowed it to make the payments even in the absence of a clear appropriation from Congress.

Incensed, the House of Representatives sued the administration. A federal court ruled in the House’s favor but put its opinion on hold to allow the Obama administration to appeal.

 That’s where matters stood when President Trump took office. At that point, he decided that the threat of withholding the payments would give him leverage in negotiations over repealing and replacing Obamacare. “You’ve got a lot of nice people with insurance there, Democrats,” he might as well have said. “It’d be a shame if something happened to them.”

Ten months later, Trump has followed through on his threat, claiming to finally appreciate that the payments cannot lawfully be made. But the constitutional rhetoric is pure pretext. Ending the cost-sharing payments is only the most visible manifestation of a systematic campaign to sabotage the ACA.

Go read the whole thing!

@nicholas_bagley


Versus Trump: Trump Loses On Family Planning, Wins In The Ninth, and More

5/16/19  //  Uncategorized

This week on Versus Trump, Jason and Easha go through a few updates to cases involving Title X, which provides money for family planning; the Administration's policy to have many asylum applicants removed to Mexico; and the controversial border wall. Trump lost one, won one—for now, and hasn't yet gotten a decision in the third. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Versus Trump: Healthcare Update (With Guest Greer Donley)

4/11/19  //  In-Depth Analysis

This week on Versus Trump, Jason and Charlie talk with special guest Greer Donley, a law professor at University of Pittsburgh School of Law, to talk about the latest developments in litigation related to Obamacare, including the stunning DOJ reversal in Texas, and recent decisions prohibiting states from adding work requirements to Medicaid. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Why the New Push to Kill Obamacare Is So Alarming

3/27/19  //  Commentary

The Justice Department has a durable commitment to defending acts of Congress whenever a non-frivolous argument can be made in their defense. The Trump administration is putting that commitment to the torch.

Nick Bagley

University of Michigan Law School