The Rise of the Know-Nothing Judge
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.
A Motley Crew in Texas v. Azar
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.
Why the New Push to Kill Obamacare Is So Alarming
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.
The Procedure Fetish
If adding new administrative procedures will so obviously advance a libertarian agenda, might not relaxing existing administrative constraints advance progressive goals?
To Save Obamacare, Repeal the Mandate
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.