Trump has declared open war on Obamacare

10/16/17  //  Commentary

With its abrupt decision to terminate the cost-sharing subsidies, the Trump administration has thrown the exchanges into chaos on the eve of open enrollment; it has imperiled the full faith and credit of the United States; and it will cause a massive increase in federal spending.

Nick Bagley

University of Michigan Law School

Ending a Critical Obamacare Subsidy

10/12/17  //  Commentary

The Trump administration will terminate the Affordable Care Act’s cost-sharing payments, further destabilizing the already-fragile exchanges on the eve of open enrollment. The legal fallout will be complex, messy, and expensive.

Nick Bagley

University of Michigan Law School

Versus Trump: The Contraception Mandate Challenges

10/12/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. Listen now!

Easha Anand

San Francisco

President Trump’s 'Pro-Life' Week

10/9/17  //  Commentary

There are many ways to protect life, yet we often speak as if restricting abortion is the only way to do so

Rachel Tuchman

Private Practice

The Trump Administration and Contraception Coverage

10/6/17  //  Commentary

The Department of Health and Human Services has released two new rules limiting access to contraception coverage. They're both legally flawed.

Nick Bagley

University of Michigan Law School

Faux Federalism

9/28/17  //  Commentary

Graham-Cassidy should be seen for what it is: an effort to prevent any level of government, state or federal, from making good on the promise of universal coverage.

Nick Bagley

University of Michigan Law School

The Amended Version of Graham-Cassidy is a Mess

9/25/17  //  Commentary

Senate Republicans have released a new version of their last-gasp effort to undo the Affordable Care Act. It's a mess.

Nick Bagley

University of Michigan Law School

Graham-Cassidy Is Unconstitutional

9/22/17  //  Commentary

Graham-Cassidy has a constitutional flaw: the funding formula for the block grants to states that form the bill’s core is unconstitutional.

Michael C. Dorf

Cornell Law School

Versus Trump: The FOIA Spectacular!

9/21/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The Myth of State Flexibility in ACA Repeal

9/21/17  //  Commentary

The supposed flexibility underlying Graham-Cassidy is a lie.

Rachel Sachs

Washington University Law School

Can the Courts Stop Affordable Care Act Waivers From Taking Effect?

9/14/17  //  Commentary

Iowa has asked the Trump administration to approve an unlawful waiver. Could the courts step in if the administration grants the waiver?

Nick Bagley

University of Michigan Law School

The EEOC's Rule on Wellness Programs Is Busted

8/23/17  //  Commentary

A federal judge has held that EEOC violated the APA in issuing a rule that would have allowed employers to penalize employees who opted out of wellness programs. But the judge has left the rule in place for now.

Nick Bagley

University of Michigan Law School

The D.C. Circuit Just Made it Harder for Trump to Stop the Cost-Sharing Payments

8/3/17  //  Quick Reactions

Two days ago, the D.C. Circuit granted a motion from a group of fifteen states, led by California, to intervene in the pending appeal in House v. Price. Allowing the states to intervene will prevent the Trump administration from unilaterally dismissing its appeal in the case.

Nick Bagley

University of Michigan Law School

Here's How Trump Could Sabotage Obamacare

8/2/17  //  Commentary

Should the Trump Administration do whatever it can to make Obamacare work? Or should it sabotage the law in an effort to force Democrats to the bargaining table?

Nick Bagley

University of Michigan Law School

HIV is a Health Condition — Not a Crime

7/31/17  //  Commentary

Despite consensus that criminalizing HIV has little public health effect, is not supported by scientific knowledge of transmission risks, and may violate the Americans with Disabilities, states are still enforcing laws against people living with HIV.

Eve Hill

Brown Goldstein & Levy