Monthly Archives: December 2017

Brookings Series on Regulatory Process and Perspective

by Chris Walker — Wednesday, Dec. 20, 2017@chris_j_walker

Over at Brookings’ Center on Regulation and Markets, Philip Wallach has started a terrific new Regulatory Process and Perspective Series, with Anne Joseph O’Connell, Rachel Augustine Potter, and Connor Raso as regular contributors. Here is Wallach’s introduction to the series: Regulatory process” is a phrase that can’t help but sound boring— to many people, it […]

Regulatory Review Series on Verkuil’s Valuing Bureaucracy

by Chris Walker — Tuesday, Dec. 19, 2017@chris_j_walker

Paul Verkuil, former Chair of the Administrative Conference of the United States and former law school dean at Tulane and Cardozo, published an important new book this summer entitled Valuing Bureaucracy: The Case for Professional Government (Cambridge University Press). Here’s the description of the book from the CUP website: To be effective, government must be […]

Can insurers sue to recover cost-sharing money?

by Nicholas Bagley — Tuesday, Dec. 19, 2017

Murray-Alexander is going nowhere. Senator Collins insists that passing the bipartisan legislation, which would restore cost-sharing payments for two years, is a condition of her vote on the pending tax bill. But she appears willing to accept airy promises that Senate leadership will make the bill a priority. Never mind that House Republicans have no […]

This entry was tagged .

Congress Just Allowed President Trump to Estimate the Official Costs of Tax Reform

by Sam Wice — Tuesday, Dec. 19, 2017

Republicans plan to pass a deficit increasing tax-reform proposal, but the Pay-As-You-Go Act (PAYGO) requires that legislation cannot increase the deficit within a five-year or ten-year window.  If legislation would increase the deficit in either window, an offsetting, automatic sequestration would kick in.  Although the non-partisan Congressional Budget Office (CBO) and Joint Committee on Taxation (JCT) […]

Enjoining the contraception rules

by Nicholas Bagley — Monday, Dec. 18, 2017

On Friday afternoon, a district court in Pennsylvania enjoined the Trump administration’s new rules on contraception coverage from taking effect. The court’s ruling was not unexpected: I’d argued earlier that the rules were vulnerable on both procedural and substantive grounds, and the court’s analysis largely tracks my own. Procedurally, the Trump administration had no good […]

This entry was tagged .

D.C. Circuit Review – Reviewed: Bye-Bye, Browning-Ferris

by Aaron Nielson — Saturday, Dec. 16, 2017@Aaron_L_Nielson

(Apologies; this post was written quickly — and at 30,000 feet.) This has been a busy week. What to write about? The White House released the Unified Agenda. Unfortunately, I haven’t had a chance to review it yet. The Administrative Conference of the United States finished its plenary session.* Emily Bremer, however, will have that […]


Trump’s Obstruction of Justice Defense and the Bribery Counterargument

by Andy Grewal — Thursday, Dec. 14, 2017

My prior posts have described some constitutional challenges facing any criminal prosecution of President Trump for an official act, such as the firing of FBI Director James Comey. A legislature’s attempt to criminalize a President’s official acts would raise separation of powers problems and would seem inconsistent with the great legal protection otherwise afforded to […]

This entry was tagged .

The tax bill destroys an important part of Obamacare. The states can save it.

by Nicholas Bagley — Thursday, Dec. 14, 2017

That’s the headline of my latest piece at Vox. Adopting mandates at the state level would help stabilize insurance markets, thereby keeping premiums in check and forestalling coverage losses. It would also provide a welcome source of revenue: Some people will still prefer to pay a penalty than buy insurance. Plus, the states don’t need […]

This entry was tagged .

The Gimmick Republicans Could Use to Avoid a PAYGO Sequestration

by Sam Wice — Monday, Dec. 11, 2017

Republicans plan to pass a deficit increasing tax-reform proposal, but the Pay-As-You-Go Act (PAYGO) would require a sequestration, an automatic reduction in spending, if tax reform increased the deficit.  Republicans could avoid a sequestration by convincing Senate Democrats to support legislation lifting the sequestration.  Democrats, however, might not be willing to compromise on an issue […]

D.C. Circuit Review – Reviewed: Thoughts from Judge Randolph

by Aaron Nielson — Friday, Dec. 8, 2017@Aaron_L_Nielson

The D.C. Circuit issued no opinions this week. But that doesn’t mean there is no news. For instance, Adam Feldman suggested yesterday that Judge Brett Kavanaugh may be “The Next Nominee to the Supreme Court.”* Likewise, Judge Raymond Kethledge of the Sixth Circuit published a significant essay about Chevron — in which he discusses his […]