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

A Lone Star Bail-in?

2/14/19  //  Commentary

Key takeaways from the briefs in the ongoing litigation to "bail-in" Texas under Section 3(c) of the Voting Rights Act

Travis Crum

University of Chicago

Chief Justice John Roberts’ Next Move Will Tell Us A Lot

2/13/19  //  Commentary

While Roberts deserves some praise for his vote last week, the story of this Louisiana law is far from over. And what Roberts does next will tell us a lot—about him and the trajectory of the Court he leads.

Brianne J. Gorod

Constitutional Accountability Center

Originalism, Fauxriginalism, and Embracing the Constitution

2/7/19  //  Commentary

The words of the Constitution—along with the history and values that shed light upon the meaning of ambiguous parts of the text—are progressive at their core

Revisiting The Presumption of Regularity

1/28/19  //  Commentary

Subsequent events have made clear that courts were--and are--right to recognize that all is not regular in the executive branch.

Leah Litman

Michigan Law School

Immigration Lies And The Supreme Court

1/23/19  //  Commentary

A recently leaked document highlights the perils of government lawyering on behalf of the Trump administration.

Leah Litman

Michigan Law School

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

Clear Statement: The Barr Memo is Disqualifying

1/14/19  //  Commentary

His dangerously misguided legal analysis demonstrates that William Barr is the wrong man to serve as Attorney General

Neil J. Kinkopf

George State University College of Law

Business Leaders Must Act to Protect our Democracy

1/7/19  //  Commentary

Leaders of the private sector must confront the reality that our public sector has become polarized and dysfunctional and address the serious problems plaguing our democracy

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!

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

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

Are We All Textualists Now?

12/5/18  //  Commentary

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law