Monthly Archives: October 2017

How the DOJ Should Fix Its Definition of “Emoluments”

by Andy Grewal — Monday, Oct. 23, 2017

Last week, a federal district court heard oral arguments in CREW v. Trump. No transcript or audio recording of those arguments is currently available, but persons who attended the hearing noted the wide range of issues discussed. (See Josh Blackman’s Blog, Slate, WSJ, and NYT). Because the litigation is at the motion to dismiss stage, […]

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Administrative Law SSRN Reading List, September 2017 Edition

by Chris Walker — Saturday, Oct. 21, 2017@chris_j_walker

Yes, this is coming out a few weeks late. It’s been a busy month here, including a six-day trip to Vegas for my twentieth high school reunion. Jen and I decided to fly out with all four little kids, which helped me better understand the difference between a “vacation” and a “family vacation.” But September […]

D.C. Circuit Review – Reviewed: Broadcasts UPDATED

by Aaron Nielson — Friday, Oct. 20, 2017@Aaron_L_Nielson

In a perfect world, each edition of D.C. Circuit Review–Reviewed would have an obvious theme, some common denominator to tie the week’s events together. Sometimes it is easy to find such a theme; when more than one case invokes the Bible, it is pretty easy to know what I’ll write about. Sometimes, alas, no theme […]

The Lawsuit to Restore the Cost-Sharing Payments

by Nicholas Bagley — Thursday, Oct. 19, 2017

Yesterday, a group of 19 states asked a California district court to stop the Trump administration from cutting off the cost-sharing payments. To prevail, the states will have to convince the court that they face irreparable injury if the payments are terminated and that they’ve got a substantial likelihood of eventually winning their lawsuit. To […]

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Reinvigorating Congress’s Oversight Role of the Federal Bureaucracy

by Chris Walker — Wednesday, Oct. 18, 2017@chris_j_walker

As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date. Lots of great panels, so check out the full program here. The first panel of the day — Reinvigorating Congress’s Oversight Role […]

Waiver changes

by Nicholas Bagley — Wednesday, Oct. 18, 2017

In broad strokes, the bipartisan deal from Senators Alexander and Murray would restore cost-sharing payments through 2019 in exchange for some amendments to the rules governing ACA waivers. Now that we have the bill text, we can start to wrap our hands around the practical effects of those waiver changes. Most importantly, the bill would […]

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Does the New Fed Governor Serve at the Pleasure of the President?

by Peter Conti-Brown — Tuesday, Oct. 17, 2017

President Trump and the Senate got within a few days of having four vacancies on the Fed’s Board of Governors, an ignominious milestone that has never occurred in the Fed’s history. I wrote recently in the Wall Street Journal that these vacancies–whether we have four or three or two–are deeply problematic for the Fed. First, […]

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Maybe the Trump Administration Does Have Statutory Authority To Continue Paying Cost-Sharing Subsidies After All

by Daniel Hemel — Tuesday, Oct. 17, 2017

California and 17 other states are suing the Trump administration to stop it from cutting off cost-sharing reduction (CSR) payments to health insurers under the Affordable Care Act. (Note that this is different from the strategy that Tom Baker and I proposed this past April, and that I wrote about in the Washington Post yesterday, which would involve states paying the insurers themselves […]

Call for papers – Second Annual Wharton Financial Regulation Conference

by Peter Conti-Brown — Monday, Oct. 16, 2017

Our readers may be interested in this call for papers, with an October 31, 2017 deadline. The Wharton School of the University of Pennsylvania will host the second annual Wharton Financial Regulation Conference, sponsored by the Zicklin Center for Business Ethics Research and the Wharton Financial Institutions Center, on April 19-20, 2018. We issue a […]

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Trump has declared open war on the ACA

by Nicholas Bagley — Monday, Oct. 16, 2017

That’s the headline for an op-ed of mine that ran this weekend in the Los Angeles Times. Back in 2013, the Obama administration asked Congress to appropriate the money for the cost-sharing payments. The Republican-controlled Congress refused. Concerned for the fate of its healthcare bill, the Obama administration then adopted a dubious legal theory that allowed […]

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