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

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 R. 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

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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

Heath Reform that Could Actually Pass? Shoring up the ACA After Repeal of the Individual Mandate

12/6/18 // In-Depth Analysis

The new House majority can solve some real problems with the Affordable Care Act—namely, those caused by the repeal of the individual mandate, which will go into effect next month

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Health Reform Priorities in the Next Two Years: Ensuring the Stability and Continued Growth of Community Health Centers

12/5/18 // In-Depth Analysis

By Sara Rosenbaum: It is essential for Congress to provide substantial, durable funding to community health centers

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The Trump Administration Targets the Contraception Mandate

11/9/18 // Uncategorized

The Department of Health and Human Services has issued broad new exemptions for religious and moral objections. What effect will the exemptions have? And will they stand up in court?

Nick Bagley

University of Michigan Law School

Judges Shouldn’t Have the Power to Halt Laws Nationwide

10/31/18 // Uncategorized

A hand-picked district court judge in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire country. Something is very wrong with that picture.

Nick Bagley

University of Michigan Law School

Limiting State Flexibility in Drug Pricing

9/13/18 // Commentary

Massachusetts wants to drive down the price of drugs for its Medicaid program. The Trump administration won't let it. What gives?

Nick Bagley

University of Michigan Law School

Versus Trump: SABOTAGE!!

8/16/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The Right Thing on Risk Adjustment

7/25/18 // Commentary

The Trump administration precipitated a crisis when it announced it would suspend risk adjustment payments under the Affordable Care Act. In welcome news, it's now taking steps to address the problem.

Nick Bagley

University of Michigan Law School

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?

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