Three Years Worth of Blogging on California v. Texas

A handy index of my writing on this improbable ACA challenge.

From the outset of California v. Texas (indeed, before California was involved in the case), I have commented on the legal merits (or lack thereof) of the arguments presented in the case. After an initial teleforum debate with Misha Tseytlin, then Solicitor General of Wisconsin, I have blogged repeatedly on the various arguments and developments in the case. For those interested, I have indexed my blog posts (and a few op-eds) here. Perhaps I will fold all of this into a law review article. Perhaps not. In the meantime, the posts are below.

• The Clever Red State Lawsuit Against the Individual Mandate, and the Justice Department's Disappointing Response—6/11/18
• Strange Bedfellows Join on Severability in the Latest ACA Case—6/14/18
• How Do the States Have Standing to Challenge an Unenforced and Unenforceable Mandate?—6/15/18
• An Obamacare Case So Wrong It Has Provoked a Bipartisan Outcry (w/ Abbe Gluck), New York Times, 6/19/18
• Meanwhile, in a Texas Courtroom, Is the ACA in Trouble?—9/6/18
• BREAKING: District Court Judge in Texas Holds ACA Is Unlawful—12/14/18
• What the Lawless Obamacare Ruling Means (w/ Abbe Gluck), New York Times, 12/15/18
• Understanding Why Judge O'Connor Was Wrong to Conclude Plaintiffs Had Standing to Challenge the Penalty-Less Individual Mandate—12/21/18
• Court Stays Ruling Invalidating the Affordable Care Act Pending Appeal—12/31/18
• Justice Department Revises Its Position in Texas ACA Case—3/25/19
• Does Anyone Support DOJ's Position in the Texas ACA Case?—3/29/19
• Another Round of Strange Bedfellows on Severability in Texas v. U.S.—4/1/19
• Fifth Circuit Adds New Wrinkle to Texas ACA Case—6/26/19
• The ACA Cases Continue—7/1/19
• On the Eve of Oral Argument in Texas v. U.S.—7/8/19
• Where Is the Fifth Circuit's Opinion in the Texas ACA Case? [Updated]—12/16/19
• BREAKING: Fifth Circuit Declares Individual Mandate Unconstitutional, Punts on Whether Rest of ACA Must Fall (Updated)—12/18/19
• Can Courts Consider Severability Before Other Questions?—1/22/20
• Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)—3/2/20
• Will the Trump Administration Finally Abandon Its Bizarre Position in the Texas ACA Case? (Update: No)–5/5/20
• The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It.–5/14/20
• SCOTUS Expands Texas ACA Case Oral Argument—8/24/20
• How Judge Barrett Ruled in the Texas ACA Case—10/2/20
• The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"—10/3/20
• Would Justice Barrett Be Required to Recuse in the Texas ACA Case?—10/3/20
• Standing to Challenge the Individual Mandate—11/9/20
• On the Eve of Oral Argument in California v. Texas–11/9/20
• Live Blogging California v. Texas (Updated)–11/10/20
• Biden Administration Reverses DOJ Position in Texas ACA Case—2/10/21
• The Risks to the ACA of a Standing Decision in California v. Texas Are Overstated (Updated)–2/25/21
• BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)—6/17/21
• What the Supreme Court Got Right (and Justice Alito Got Wrong) in the Texas ACA Decision—6/17/21
• Would Justice Alito Have Struck Down the GOP Obamacare Replacement?—6/18/21
• Why the Texas ACA Suit Was Always Destined to Fail (Even on a 6-3 Court) – 6/19/21
• Collins, California, and Standing-as-Usual: A Response to Josh Blackman—6/26/21
• Courthouse Steps Podcase on California v. Texas—7/5/21
• California v. Texas on Remand—7/23/21