The Volokh Conspiracy
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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
