Biden's Choice To Head Health and Human Services Is a Lawsuit-Happy Government Nanny
California Attorney General Xavier Becerra loves to tell people what they can and cannot do with their bodies.
Affordable Care Act
Thoughts on Today's Oral Argument in California v. Texas—the Obamacare Severability Case
It is not clear how the Court will ultimately resolve the case. But it is obvious that a majority of justices oppose invalidating the entire Affordable Care Act.
Live Blogging California v. Texas (Updated)
High points and low points of today's oral argument in the latest Affordable Care Act case. (Updated with some summary conclusions.)
On the Eve of Argument in California v. Texas
Some things to listen for when the Supreme Court hears oral argument in the latest Affordable Care Act case.
Standing to Challenge the Individual Mandate
Plaintiffs may have had standing in NFIB v. Sebelius, but they don't in California v. Texas.
No, Amy Coney Barrett Isn't Part of a 'Dark Money' Plot To Overturn Gay Marriage and Abortion
Such theories are not based in fact.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Does participation in a moot court require recusal?
The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
How Judge Barrett Ruled in the Texas ACA Case (Updated)
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
SCOTUS Expands Texas ACA Case Oral Argument (Updated)
Two sets of states, the House of Representatives and Solicitor General all get argument time.
The Obamacare Birth Control Coverage Fight That Never Ends
Plus: Biden echoes Trump on trade, tech ties to cops revealed, and more...
The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It.
We submitted another strange bedfellows amicus brief on severability in the Texas ACA case.
Will the Trump Administration Finally Abandon Its Bizarre Position in the Texas ACA Case? (Update: No)
CNN reports that Attorney General Barr is (again) voicing opposition to DOJ's argument that zeroing out the mandate penalty should upend the entire law.
It's 'Access' to Birth Control Versus Employer Beliefs Again at the Supreme Court
The Obamacare contraception mandate continues to cause legal trouble.
Obamacare Returns to the Supreme Court—Yet Again
My take on today's decision to consider the Obamacare severability case.
Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)
Today's cert grant is based on the importance of the case, not the quality of the arguments
Fifth Circuit Declines to Rehear Obamacare Severability Case en banc
The ruling by a closely divided court leaves in place a December panel decision in this important case - at least for now.
President Trump Rejects Premise of Justice Department Briefs in ACA Case
Once again, the President's Twitter feed contradicts the claims of his lawyers.
The Fifth Circuit ACA Case: The Good, the Bad, and the Ugly
The plaintiffs' quarrel is with the statute book, not the defendants.
Impeachment Overshadows Obamacare Ruling
Plus: States sue to stop Equal Rights Amendment, French sex workers take prostitution laws to E.U. court of human rights, and more...
Fifth Circuit Sends Obamacare Severability Issue Back to Square One—But Not Quite
The appellate court remanded the most important issue in the case back to the district court. But its instructions will make it difficult for the trial judge to again rule that the entire Affordable Care Act must fall with the individual mandate.
BREAKING: Fifth Circuit Declares Individual Mandate Unconstitutional, Punts on Whether Rest of ACA Must Fall (Updated)
As if there wasn't enough going on this week, a federal appellate court issues a significant (and significantly flawed) ruling in the latest Obamacare challenge
Where Is the Fifth Circuit's Opinion in the Texas ACA Case? [Updated]
Oral argument was in July, so why hasn't the court issued an opinion yet?
The Trump Administration Does Not Support The Total Invalidation of the ACA
DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
The Affordable Care Act Imposes A Mandate. Not a Choice.
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
The Private Plaintiffs Are Still Standing in Texas v. U.S.
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
On the Eve of Oral Argument in Texas v. U.S.
A quick round up and response to Josh Blackman and Randy Barnett
My Concluding Thoughts on Severability in Texas v. U.S.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
NFIB v. Sebelius Already Addressed the "Injury in Fact" Question in Texas v. U.S.
An important element of standing has already been decided by the Court
Texas v. U.S.: Why the Individual Mandate is Still Unconstitutional
Understanding NFIB v. Sebelius
The ACA Cases Continue (Updated)
The U.S. Court of Appeals for the Fifth Circuit hears oral argument in Texas v. US on July 9, and SCOTUS will revisit the ACA next term.
Fifth Circuit Adds New Wrinkle to Texas ACA Case
What If the Fifth Circuit Concludes It Lacks Jurisdiction to Consider the Appeal?
Another Round of Strange Bedfellows on Severability in Texas v. U.S.
Another amicus brief on severability and the Affordable Care Act.
Does Anyone Support DOJ's Position in the Texas ACA Case?
The Trump Administration's embrace of an implausible legal theory has few defenders.
Justice Department Revises Its Position in Texas ACA Case
The Trump Administration has decided that the Affordable Care Act should be voided in its entirety.
Over-the-Counter Contraception Is Immensely Popular. But Democrats Have Doomed It.
In 2019, it's liberals, not conservatives, who are holding the pill hostage for political gain.
Court Stays Ruling Invalidating the Affordable Care Act Pending Appeal
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.
BREAKING: District Court Judge in Texas Holds ACA Is Unlawful
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.
Big Changes for Birth Control Rules, but Not Big Enough
The Obamacare contraception mandate is getting a Trump-era overhaul.
Health Insurance Deductibles Up 212 Percent Since 2008: Reason Roundup
Plus: Kavanaugh confirmation is official and child care tax credits backfire.
Meanwhile, in a Texas Courtroom, Is the ACA in Trouble?
While all eyes focused on the Kavanaugh hearings (and an "anonymous" op-ed), a court heard argument in the latest ObamaCare challenge.
How Formerly Independent Doctors Were Pushed Out of Business
Rules and regulations intended to reform health care are driving private practices out of business by overconfident design.
These Doctors Got Fed Up With Insurance. Now They Treat Their Patients Like Valued Customers.
The "direct primary care" movement is attracting physicians sick of red tape. And it's transforming the doctor-patient relationship.