The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Volokh Conspiracy

Debating King v. Burwell with Professor Bagley


Speaking of the Federalist Society Faculty Conference, I will be there on Saturday, Jan. 3 to debate King v. Burwell with Professor Nicholas Bagley of the University of Michigan. The full agenda for the program is available here.

This will not be the first time I've crossed swords with Professor Bagley on the legality of the IRS tax credit rule. We've sparred in podcasts and in print. (Who can forget the "Thrilla in Ann Arbor"?) Most recently, we authored competing perspectives in the Journal of Health Politics, Policy and Law. Here are my article (co-authored with Michael Cannon), and Professor Bagley's response.

And speaking of King, last week the plaintiffs filed their merits brief with the U.S. Supreme Court. On Monday, plaintiff-side amici filed their briefs as well. (Cannon and I submitted a brief.) The government-side briefs are due in the next few weeks, and oral argument is scheduled for March 4.