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All Posts by Nick Bagley

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

Creeping Price Regulation

12/10/18  //  In-Depth Analysis

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.

Nick Bagley

University of Michigan Law School

The Trump Administration Targets the Contraception Mandate

11/9/18  //  Uncategorized

The Department of Health and Human Services has issued broad new exemptions for religious and moral objections. What effect will the exemptions have? And will they stand up in court?

Nick Bagley

University of Michigan Law School

Judges Shouldn’t Have the Power to Halt Laws Nationwide

10/31/18  //  Uncategorized

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.

Nick Bagley

University of Michigan Law School

Limiting State Flexibility in Drug Pricing

9/13/18  //  Commentary

Massachusetts wants to drive down the price of drugs for its Medicaid program. The Trump administration won't let it. What gives?

Nick Bagley

University of Michigan Law School

The Right Thing on Risk Adjustment

7/25/18  //  Commentary

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.

Nick Bagley

University of Michigan Law School

Taking a Dive on Risk Adjustment

7/9/18  //  Commentary

The Trump administration says that an adverse court ruling gives it no choice but to suspend some crucial payments under the Affordable Care Act. I don't buy it, and you shouldn't either.

Nick Bagley

University of Michigan Law School

A puzzle about standing, resolved.

6/26/18  //  Commentary

Do the courts even have jurisdiction to hear the latest lawsuit seeking to undo the Affordable Care Act?

Nick Bagley

University of Michigan Law School

The severability question is not hard.

6/25/18  //  Commentary

When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact.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.

Nick Bagley

University of Michigan Law School

The case that could end the Texas lawsuit.

6/15/18  //  Commentary

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.

Nick Bagley

University of Michigan Law School

Strange Bedfellows in the Texas Lawsuit Over the Affordable Care Act

6/14/18  //  Commentary

A bipartisan group of law professors, including the two of us, has filed a brief challenging the claim that the Affordable Care Act should be invalidated.

Abbe R. Gluck

Yale Law School

Nick Bagley

University of Michigan Law School

A Big Loss for Insurers at the Federal Circuit

6/14/18  //  Commentary

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.

Nick Bagley

University of Michigan Law School

The Texas lawsuit could end some of the ACA's protections for employer coverage.

6/14/18  //  Commentary

The Trump administration’s refusal to defend portions of the Affordable Care Act is shocking enough. Equally shocking is how little it seems to care what happens if it gets what it’s asking for.

Nick Bagley

University of Michigan Law School

Texas Fold 'Em

6/7/18  //  Commentary

The Trump administration has asked a district court to wipe much of the ACA from the books, starting in 2019. The brief represents an enormous blow to the integrity of the Justice Department -- and a threat to the rule of law.

Nick Bagley

University of Michigan Law School

A Puzzle about Standing (and the Affordable Care Act)

6/6/18  //  Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?

Nick Bagley

University of Michigan Law School