DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
Affordable Care Act
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
If the Private Plaintiffs in NFIB v. Sebelius were injured by the mandate, then the Private Plaintiffs in Texas v. U.S. are injured by the mandate
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
An important element of standing has already been decided by the Court
Understanding NFIB v. Sebelius
Another amicus brief on severability and the Affordable Care Act.
The Trump Administration's embrace of an implausible legal theory has few defenders.
The Trump Administration has decided that the Affordable Care Act should be voided in its entirety.
In 2019, it's liberals, not conservatives, who are holding the pill hostage for political gain.
In the midst of the holidays, Judge O'Connor paves the way for an appeal of his decision concluding all of the ACA is unlawful, while further demonstrating the weakness of his initial decision.
Understanding Why Judge O'Connor Was Wrong to Conclude Plaintiffs Had Standing to Challenge the Penalty-Less Individual Mandate
Judge O'Connor was wrong to conclude that two individuals who would prefer not to purchase health insurance had standing to challenge the law.
A federal district court judge in Texas has accepted a strained and implausible argument that the Affordable Care Act must be struck down because Congress eliminated the tax penalty for failing to purchase qualifying health insurance.
The Obamacare contraception mandate is getting a Trump-era overhaul.
Plus: Kavanaugh confirmation is official and child care tax credits backfire.
While all eyes focused on the Kavanaugh hearings (and an "anonymous" op-ed), a court heard argument in the latest ObamaCare challenge.
Rules and regulations intended to reform health care are driving private practices out of business by overconfident design.
The "direct primary care" movement is attracting physicians sick of red tape. And it's transforming the doctor-patient relationship.
Department of Health and Human Services officials claim the rule will not change coverage for "99.9 percent of women."
'Medicare Is a Bank Without Security Guards:' Media Executive David Goldhill Debates Princeton's Paul Starr
Watch or listen to the latest Soho Forum on expanding government-run health care.
Just because Congress can't fix health care doesn't mean it can't be done.
A handful of food-industry groups say an equally bad federal law takes precedence.
The state is spending $37 million a month on recipients potentially not eligible for the program.
The draft legislation represents a total failure of Republican policy imagination.
Why are Republicans rushing a bill no one likes? Here are five theories.
The Senate GOP is relying on the same opaque process they accused Democrats of using to pass Obamacare.
The AHCA is testing the limits of the Congressional Budget Office's authority.
Aetna exits the exchanges, citing massive losses and structural instability.
It locks in many of the worst elements of Obamacare while making actual market-friendly reforms next-to-impossible.
Discussions of GOP spending, police abuse narratives, and the French elections, with guest James Kirchick
Moderates want to keep Obamacare's essential structure in place.
Trump Is Recycling Old Real Estate Marketing Gimmicks in Hopes of Reviving the Obamacare Repeal Bill
As a developer, Trump tried to generate interest in projects through false momentum.
A tentative deal would provide some regulatory wiggle room, but would preserve key elements of Obamacare.
It's hard to make a deal on a policy deal when you don't care about the policy.
President Trump is demanding a vote on a sloppily rewritten bill that could blow up the insurance market.
The Republican health care bill would still reduce insurance by 24 million and raise insurance premiums before 2020.
The AHCA will have to wait until tomorrow.
Republicans Are Rushing To Vote on a Health Care Bill They Haven't Read. They Learned Nothing From Obamacare.
The House is planning a vote today on a bill that still isn't finalized.