Taking Texas Seriously: The Accidental Constitutional Case Against The TCJA

7/11/18  //  Commentary

By Mitch Johnston: If the mandate repeal is unconstitutional, then, based on the severability arguments advanced by the states, shouldn’t the entire Tax Cuts and Jobs Act (TCJA) be struck down with it?

Take Care

Taking a Dive on Risk Adjustment

7/9/18  //  Commentary

The Trump administration says that an adverse court ruling gives it no choice but to suspend some crucial payments under the Affordable Care Act. I don't buy it, and you shouldn't either.

Nick Bagley

University of Michigan Law School

Versus Trump: Texas & Trump Versus The ACA

7/5/18  //  Commentary

This week, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development in Texas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms as healthy folks should be struck down as well. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

A puzzle about standing, resolved.

6/26/18  //  Commentary

Do the courts even have jurisdiction to hear the latest lawsuit seeking to undo the Affordable Care Act?

Nick Bagley

University of Michigan Law School

The severability question is not hard.

6/25/18  //  Commentary

When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact. The courts should respect that choice and not get drawn in to the relentless campaign against Obamacare.

Nick Bagley

University of Michigan Law School

The case that could end the Texas lawsuit.

6/15/18  //  Commentary

A brief from the American Medical Association flags a Fifth Circuit case that seems to dispose of the constitutional argument in the latest challenge to the Affordable Care Act.

Nick Bagley

University of Michigan Law School

Strange Bedfellows in the Texas Lawsuit Over the Affordable Care Act

6/14/18  //  Commentary

A bipartisan group of law professors, including the two of us, has filed a brief challenging the claim that the Affordable Care Act should be invalidated.

Abbe Gluck

Yale Law School

Nick Bagley

University of Michigan Law School

A Big Loss for Insurers at the Federal Circuit

6/14/18  //  Commentary

The opinion is a $12 billion setback for insurers seeking money they're owed under the Affordable Care Act. But the costs of being cavalier about our debts extend far beyond this arcane fight.

Nick Bagley

University of Michigan Law School

The Texas lawsuit could end some of the ACA's protections for employer coverage.

6/14/18  //  Commentary

The Trump administration’s refusal to defend portions of the Affordable Care Act is shocking enough. Equally shocking is how little it seems to care what happens if it gets what it’s asking for.

Nick Bagley

University of Michigan Law School

Texas Fold 'Em

6/7/18  //  Commentary

The Trump administration has asked a district court to wipe much of the ACA from the books, starting in 2019. The brief represents an enormous blow to the integrity of the Justice Department -- and a threat to the rule of law.

Nick Bagley

University of Michigan Law School

A Puzzle about Standing (and the Affordable Care Act)

6/6/18  //  Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?

Nick Bagley

University of Michigan Law School

Versus Trump: Preventing The Prevention Of The Teen Pregnancy Prevention Program

5/17/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Disparate Impact and the Administrative Procedure Act

5/10/18  //  Commentary

The Supreme Court has held that there's no private right of action to enforce Title VI. But the civil rights laws can still form the basis of a challenge to a waiver allowing states to impose work requirements.

Nick Bagley

University of Michigan Law School

Eli Savit

University of Michigan Law School

There’s No Justification for Michigan’s Discriminatory Work Requirements

5/9/18  //  Uncategorized

Low-income residents in Michigan’s cities are significantly less able to travel for work than people in rural communities. But Michigan legislators wants to exempt only the latter from their new work requirements. That's both immoral and illegal.

Eli Savit

University of Michigan Law School

Nick Bagley

University of Michigan Law School

Michigan’s Discriminatory Work Requirements

5/8/18  //  Uncategorized

Michigan legislators want to exempt rural residents from Medicaid work requirements, but not extend the same accommodation to people who live in cities. The racial disparities are obvious—and unlawful.

Nick Bagley

University of Michigan Law School

Eli Savit

University of Michigan Law School