Recent | Take Care

The severability question is not hard.

When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact.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

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18 // Commentary

Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Kari Hong

Boston College Law School

Jeff Sessions's Latest Asylum Atrocity

6/18/18 // Commentary

Coretta Scott King was right. Jeff Sessions is a horrible man to be Attorney General.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

America’s Monarch? Trump and the Pardon Power

6/18/18 // Commentary

For all who are devoted to country and Constitution, the idea of a self-pardon should be an anathema.

Gillian Metzger

Columbia Law School

Vicki C. Jackson

Harvard Law School

Self-Pardons, Constitutional History, and Article II

6/16/18 // Commentary

Michael McConnell and Richard Epstein have argued that the Constitution allows self-pardons. They are mistaken.

Jed Shugerman

Fordham 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

Court Affirms Government’s Interest in Protecting Voting Process

6/14/18 // Commentary

By Adav Noti: In Minnesota Voters Alliance v Mansky, the Supreme Court avoided the pitfall of expanding its conceptually unsound campaign finance jurisprudence into a new area

Take Care

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 R. 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

Versus Trump Live: Fairweather Federalism?

6/14/18 // Commentary

On this week's special live episode of Versus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan. They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

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