Monthly Archives: October 2015

Judge Easterbrook Identifies Vehicle for Supreme Court to Reconsider Auer Deference

by Chris Walker — Monday, Oct. 5, 2015@chris_j_walker

Today, in his concurrence in the denial of rehearing en banc in Bible v. United States Aid Funds, Inc.(7th Circuit), Judge Easterbrook serves up an excellent vehicle (at least in his opinion) for the Supreme Court to reconsider Auer deference in administrative law. (HT Will Baude)  As I’ve blogged about here, a number of Justices […]

D.C. Circuit Review – Reviewed: Confessions (Pedagogy Edition)

by Aaron Nielson — Saturday, Oct. 3, 2015@Aaron_L_Nielson

I have a dark confession: I probably won’t teach exhaustion to my administrative law students. My syllabus covers ripeness/standing, the “final agency action” requirement, mootness, and, yes, exhaustion. But to my shame, I include this disclaimer: “May be cut if insufficient time.” Sure, I try to justify this decision to myself. I think: “Well, with […]

You want to know how bad Medicare is at paying for drugs?

by Nicholas Bagley — Friday, Oct. 2, 2015

Consider DuoNeb, which is used to treat chronic lung disease. The drug is nothing fancy: it’s just a combination of two cheap and widely available drugs—albuterol and ipratropium. You can pop DuoNeb in a nebulizer and administer both drugs at once. Or you can administer the two drugs separately. Apart from mild inconvenience, there’s no […]

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