Monthly Archives: May 2015

On Timing and King

by Nicholas Bagley — Friday, May 29, 2015

Since I’ve received a number of questions recently about the timing of King v. Burwell and its aftermath, I thought it was worth addressing them all in one place. When will we get a decision? The Court is likely to release its opinion in the last week of June. A decision could come sooner, but […]

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Legality, Legitimacy, and the Responses to the 2008 Financial Crisis, by Philip Wallach

by Guest Blogger — Friday, May 29, 2015

Many thanks to Peter Conti-Brown for his kind words about my book and his invitation to guest-blog here. I’ve been greatly enjoying Notice & Comment since its launch, and it’s an honor to be in the company of so many distinguished legal scholars. As a way of launching my discussion, let me offer a very […]

Is block granting Medicaid unconstitutional?

by Nicholas Bagley — Wednesday, May 27, 2015

Sara Rosenbaum and Tim Westmoreland have an interesting new piece out at the New England Journal of Medicine on the Patient CARE Act, a Republican proposal to transform Medicaid into a block grant program (among other things). Not only is the Patient CARE Act bad policy, they argue, but the move to block granting could […]

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Chevron vs. The World

by Andy Grewal — Wednesday, May 27, 2015

In Validus Reinsurance Ltd. v. United States, the D.C. Circuit addressed the potential conflict between Chevron and the presumption against the extraterritorial application of statutes. In that case, a foreign company, Validus, reinsured other insurance companies’ policies. Validus then sought protection for its own reinsurance risks, and it purchased reinsurance from other foreign companies. The D.C. […]

Introducing Guest Blogger Philip Wallach, Author of New Book on Law and the Financial Crisis

by Peter Conti-Brown — Wednesday, May 27, 2015

It’s my pleasure to introduce guest blogger Philip Wallach, a Fellow in Governance Studies at the Brookings Institution. Philip is the rather rare political scientist who doesn’t take an extreme view of law, neither as politics by another means nor as a black box of binding but indiscernible rules. He is the author of an […]

Thoughts on GAO’s New Report on Guidance Documents

by Connor N. Raso — Tuesday, May 26, 2015

Agency use of guidance documents (defined here as agency rules issued as either interpretive rules or policy statements) has been hot topic in administrative law lately. The Supreme Court recently rejected a D.C. Circuit doctrine that was intended at least in part to deter agency abuse of guidance. Several justices have expressed an interest in reducing […]

Strategies for International Drug and Vaccine Regulatory Coordination and Cooperation – the Role of Aid and Public Health Personnel

by Sam Halabi — Wednesday, May 20, 2015

In my last post, I observed that there was a dilemma posed by the current system of producing and moving medicines and vaccines from the developed, wealthy countries of North America, Europe and the Pacific Rim to low-resource countries in Asia, Africa and South America. The public health urgency of distributing medicines and vaccines often […]

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More on FERC and Demand Response

by Bruce Huber — Tuesday, May 19, 2015

As Andy Hessick noted a few posts back, the Supreme Court recently granted cert in an important energy law case. FERC v. Electric Power Supply Association deals with FERC’s attempt to create a demand response program at the wholesale level. This is an issue that I’ve blogged about before; other scholars have written some great […]

More Unlawful ACA Premium Tax Credits

by Andy Grewal — Tuesday, May 19, 2015

I might be accused of picking at low-hanging fruit, but I’d nonetheless like to devote another blog post to more IRS regulations that expand and contradict Section 36B. My prior blog posts, which I’ve adapted into an essay upcoming in Bloomberg BNA, discuss regulations that improperly extend ACA premium tax credits to persons in the […]

Zivotofsky and Spokeo

by Andrew Hessick — Monday, May 18, 2015@andyhessick

Last week, Will Baude published a column in the New York Times, available here, arguing that the Court should postpone deciding Zivotofsky v. Kerry, a case already argued this term, until it decidesSpokeo v. Robins, which is slated for next term. The two cases seem quite different. Zivotofsky is about Congress’s and the President’s power […]

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