The Rise of the Know-Nothing Judge

7/15/19  //  Commentary

Know-Nothing judges may drape themselves in the robes of judicial modesty, but they are activists to the core. And they may decide the fate of health reform.

Nick Bagley

University of Michigan Law School

Silver bullets, blue pencils, and the future of the ACA

7/10/19  //  Quick Reactions

Yesterday, the Fifth Circuit heard oral argument in the case challenging the constitutionality of the Affordable Care Act. It didn't go well.

Nick Bagley

University of Michigan Law School

The Justice Department’s New Brief in Texas v. United States

7/4/19  //  Commentary

In a welcome surprise, the Trump administration has urged the Fifth Circuit not to dismiss the appeal of the decision invalidating the Affordable Care Act.

Nick Bagley

University of Michigan Law School

The Supreme Court Will Hear Another Affordable Care Act Case

6/24/19  //  Quick Reactions

At issue is whether the United States broke a promise to make $12 billion in federal payments to the insurers that participated on the ACA's exchanges.

Nick Bagley

University of Michigan Law School

On Gundy and the Nondelegation Doctrine

6/21/19  //  Uncategorized

On Thursday, the conservative wing of the Supreme Court called into question the whole project of modern American governance.

Nick Bagley

University of Michigan Law School

A Motley Crew in Texas v. Azar

4/2/19  //  Uncategorized

Together with Jonathan Adler, Abbe Gluck, and Ilya Somin, I've filed an amicus brief with the Fifth Circuit in Texas v. Azar. We argue that there's no legal basis for invalidating the entire Affordable Care Act.

Nick Bagley

University of Michigan Law School

Why the New Push to Kill Obamacare Is So Alarming

3/27/19  //  Commentary

The Justice Department has a durable commitment to defending acts of Congress whenever a non-frivolous argument can be made in their defense. The Trump administration is putting that commitment to the torch.

Nick Bagley

University of Michigan Law School

The Trump Administration Now Thinks the Entire ACA Must Fall

3/25/19  //  Quick Reactions

Does the administration really think that the very position it advanced just month ago is so untenable that it must now adopt an even crazier view?

Nick Bagley

University of Michigan Law School

The Procedure Fetish

3/7/19  //  Commentary

If adding new administrative procedures will so obviously advance a libertarian agenda, might not relaxing existing administrative constraints advance progressive goals?

Nick Bagley

University of Michigan Law School

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

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

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

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