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 //  6/1/17  //  Commentary

On a new episode of Versus TrumpTake Care's podcast, Easha and Jason dig into healthcare for the first time, as they take a deep dive into the House v. Price litigation that addresses whether certain payments to insurers under the Affordable Care Act have been properly appropriated. As usual, you can listen online below or at takecareblog.com/podcast, and subscribe here with any podcast player or here in iTunes.

Easha and Jason open [start-10:55] with a summary of the history of payments to insurance companies and the claims by the Republican House of Representatives that so-called "cost-sharing reduction" payments were not properly appropriated in the Affordable Care Act. They next explain how the Trump Administration has failed to commit to making these payments to insurers for the remainder of the year, which has introduced substantial uncertainty into the healthcare market. The two then turn [from 10:55-29:48] to an analysis of the merits of the challenge, and they also discuss whether the House of Representatives had a right to bring the lawsuit in the first place. 

Jason and Easha then drop a few Trump Lumps, and do quick hits regarding immigration rhetoric vs. action and drug testing for unemployment benefits. [29:50-end.] 

Listen online below or at takecareblog.com/podcast, and subscribe here with any podcast player or here in iTunes.

Please share or provide feedback, and rate us in iTunes. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com.

Links

Healthcare

  • The district court's decision on the merits in House v. Price is here. The court's earlier decision regarding standing is here.
  • The States' Motion to Intervene on appeal is here.
  • A news report about the most recent request for a delay in the appeal is here.
  • President Trump's interview in the Wall Street Journal, where he suggests that his administration may no longer make cost-sharing payments, is here.
  • Easha mentioned Vox's coverage of the Blue Cross Blue Shield premium hike in North Carolina, and the article is here.
  • Nick Bagley's law review article discussing many challenges to the Affordable Care Act, including House v. Price, is here.
  • All of Take Care's coverage about healthcare is here.

Trump Lumps

  • Easha's Trump Lump about her schadenfreude at the Republicans' failure at administrative law was inspired by a report in Bloomberg here.

Versus Trump: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

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

Versus Trump: The Law Headed Into The Election

11/2/20  //  Commentary

Will this be the last Versus Trump before Trump loses reelection? Who knows, but, on this week’s episode, Jason and Charlie discuss key theories that will shape which votes count. Listen now!

Charlie Gerstein

Civil Rights Corps