Just How Many Billions of Dollars Are at Stake in the Litigation over Cost-Sharing Payments?

4/20/18  //  Commentary

The Court of Federal Claims has certified a class action brought by insurers to recover the cost-sharing payments that President Trump unceremoniously terminated. Its rationale suggests that the United States could be held liable for tens of billions of dollars.

Nick Bagley

University of Michigan Law School

Knock it off, Idaho. (But carry on, Idaho.)

3/9/18  //  Commentary

The Trump administration won't look the other way as Idaho ignores the Affordable Care Act. But it's hoping to adopt a rule that will allow Idaho to achieve the same goal by other means.

Nick Bagley

University of Michigan Law School

Opioids and Unorthodox Civil Procedure: Will the MDL solve the crisis?

3/7/18  //  Commentary

The opioid litigation may be the starkest example yet of the power of large multi-district litigations and the unorthodox role that judges assume in them.

Abbe Gluck

Yale Law School

A Feeble Constitutional Challenge to the ACA.

3/5/18  //  Commentary

A group of 20 states argues that the entire ACA should be invalidated. The litigation doesn't have legs, but will the Justice Department defend the law?

Nick Bagley

University of Michigan Law School

As Idaho Goes, So Goes The Nation

2/22/18  //  Commentary

Idaho is flouting the Affordable Care Act. Will the courts do anything to stop it?

Nick Bagley

University of Michigan Law School

Versus Trump: Are Medicaid Work Requirements Legal?

2/15/18  //  Commentary

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

The President’s Latest Tweet on Health Care and Why it Matters

2/6/18  //  Commentary

The President's latest healthcare tweet is an example of how his own policy preferences are inconsistent, in a way that will prevent him from accomplishing his own stated goals.

Rachel Sachs

Washington University Law School

Enjoining the Contraception Rules

12/18/17  //  Commentary

A district court has stopped the Trump administration's hasty and poorly justified effort to relieve employers of their legal obligation to cover contraception.

Nick Bagley

University of Michigan Law School

The Tax Bill Destroys an Important Part of Obamacare. The States Can Save It.

12/14/17  //  Commentary

Adopting mandates at the state level would help stabilize insurance markets, keeping premiums in check and forestalling coverage losses. And it's perfectly legal.

Nick Bagley

University of Michigan Law School

The Brutal Math of Repealing the Individual Mandate

11/16/17  //  Commentary

Is the country really better off if millions of people forgo medical care, and millions more go bankrupt, so that corporations can pay lower taxes? That’s not a rhetorical question. Those are the stakes of the game.

Nick Bagley

University of Michigan Law School

Trump and the Essential Health Benefits

10/31/17  //  Commentary

The Trump administration wants to relax the rule requiring health plan to cover the essential health benefits. But its proposal has some legal problems.

Nick Bagley

University of Michigan Law School

Versus Trump Emergency Pod: JD v. DHS

10/26/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie have a quick turn-around emergency pod to discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Some Doubts About A Suit to Block Trump From Stopping Cost-Sharing Payments

10/19/17  //  Commentary

Yesterday, a group of 19 states asked a California district court to stop the Trump administration from cutting off the cost-sharing payments. Their lawsuit likely isn't meritorious.

Nick Bagley

University of Michigan Law School

Waiver Changes

10/18/17  //  Commentary

New bipartisan legislation to restore the cost-sharing payments would also make some changes to the rules governing ACA waivers. How substantial are those changes?

Nick Bagley

University of Michigan Law School

Trump's ACA Sabotage and the President's Constitutional Take Care Duty

10/17/17  //  Quick Reactions

The President has not even tried to suggest that he is using his power in the law's interest. Rather, he has boasted that he is using his power to kill it

Abbe Gluck

Yale Law School