The United States Owes Tens of Billions, Says the Court of Federal Claims (Part 2).

2/19/19  //  Commentary

Should insurers gets every penny of cost-sharing payments that they're owed under the Affordable Care Act? Or have they mitigated their damages?

Nick Bagley

University of Michigan Law School

The United States Owes Tens of Billions to Insurers

2/18/19  //  Commentary

If recent decisions from the Court of Federal Claims stand up on appeal, insurers could recover roughly $12 billion a year, every year, until Congress intervenes to stop the bleeding.

Nick Bagley

University of Michigan Law School

Versus Trump: The ACA's Still Here...

2/7/19  //  Uncategorized

On this week's episode of Versus Trump, Jason and Charlie discuss last month's federal court decision holding that Maryland could not proceed in its lawsuit that sought a declaration that the Affordable Care Act is constitutional and must be enforced. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Another Attempt To Defend the ACA Against Trump Administration Attacks

1/23/19  //  In-Depth Analysis

As part of Trump's relentless war on the Affordable Care Act, the Department of Labor passed a rule designed to gut key protections. Now it's been sued. Here's what you need to know.

Take Care

Blocking the Trump administration’s contraception rules (again).

1/14/19  //  Commentary

A federal judge in California has enjoined two rules that would greatly expand the exemptions to Obamacare’s so-called contraception mandate. As a result, they may never take effect in the thirteen states that brought the lawsuit.

Nick Bagley

University of Michigan Law School

Versus Trump: Contraception Mandate, Round Infinity

1/3/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha comment on several cases addressing whether the Trump Administration may legally expand the number of employers who do not need to provide insurance that includes coverage for contraception. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

To Save Obamacare, Repeal the Mandate

12/21/18  //  Commentary

If congressional intent is the key to the Texas decision invalidating the Affordable Care Act, Congress can intervene. And the best way for it to do so is not to enter the litigation. It’s to legislate.

Nick Bagley

University of Michigan Law School

Richard Primus

University of Michigan Law School

Versus Trump: What Happened To Obamacare?

12/20/18  //  Commentary

On this week's episode of Versus Trump, Charlie and Jason discuss Friday's unexpected ruling that the current version of the Affordable Care Act—that is, Obamacare—is unconstitutional and must be entirely struck down. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Two Texas Consultants Don’t Have Standing to Take Down Obamacare

12/18/18  //  Commentary

There is no good legal argument for thinking that two guys from Texas have standing to challenge a law that doesn’t require them to do anything.

Nick Bagley

University of Michigan Law School

All the Things You Don’t Realize are in the ACA and Now Could Vanish

12/17/18  //  In-Depth Analysis

It’s time to remember all the benefits of the Affordable Care Act, so that judges, the public, and Congress understand what's at stake

Abbe Gluck

Yale Law School

A Texas court has declared the entire ACA unconstitutional

12/15/18  //  Commentary

The case sets the stage for yet another round of high-stakes constitutional litigation over the future of health care in the United States.

Nick Bagley

University of Michigan Law School

An Area of Bipartisan Agreement: Combating the Problem of High Drug Prices

12/12/18  //  In-Depth Analysis

Drug pricing is likely to be a priority in the next Congress. Here's how legislators might address the issue.

Rachel Sachs

Washington University Law School

Health as a Human Right, Medicare for All, and the Evolution of the American Health Care Debate

12/11/18  //  In-Depth Analysis

By Carmel Shachar, Alex Pearlman, and Glenn Cohen: The United States may be revisiting the debate around health as a human right

Take Care

Creeping Price Regulation

12/10/18  //  In-Depth Analysis

There's a consensus that the prices are too damn high for health care. The states can do something about it -- indeed, a few already are.

Nick Bagley

University of Michigan Law School

The Administration’s Recent Guidance on State Innovation Waivers under the Affordable Care Act Likely Violates the Act’s Statutory Guardrails

12/7/18  //  In-Depth Analysis

If the agencies proceed to approve a state’s application for a waiver in reliance on their recent guidance and discussion paper, the approval would almost certainly be set aside by a reviewing court.

Joel McElvain

Yale Law School