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.
Creeping Price Regulation
There's a consensus that the prices are too damn high for health care. The states can do something about it -- indeed, a few already are.
Judges Shouldn’t Have the Power to Halt Laws Nationwide
A hand-picked district court judge in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire country. Something is very wrong with that picture.
The Right Thing on Risk Adjustment
The Trump administration precipitated a crisis when it announced it would suspend risk adjustment payments under the Affordable Care Act. In welcome news, it's now taking steps to address the problem.