At SCOTUS, It's All About Taint
The Supreme Court decided two merits cases today and took one extremely puzzling action via a summary order. The unifying theme I'll identify is taint.
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When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact.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.
The case that could end the Texas lawsuit.
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.
A Big Loss for Insurers at the Federal Circuit
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.
Versus Trump Live: Fairweather Federalism?
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!