Author Archives: Nicholas Bagley

Blocking the Trump administration’s contraception rules (again).

by Nicholas Bagley — Monday, Jan. 14, 2019

Yesterday evening, a California federal judge enjoined the Trump administration from enforcing two rules that would greatly expand the exemptions to the Affordable Care Act’s contraception mandate. The injunction applies only in the plaintiff states, which include California, New York, Virginia, and ten others, as well as Washington, D.C. I’ve written extensively about these rules, […]

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To Save Obamacare, Repeal the Mandate

by Nicholas Bagley — Friday, Dec. 21, 2018

My colleague Richard Primus and I have an article at The Atlantic offering an idea to the incoming House of Representatives about how to deal with the decision out of Texas invalidating the Affordable Care Act. If congressional intent is the key to O’Connor’s decision, Congress can intervene. And the best way for it to do so is […]

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Two Texas Consultants Don’t Have Standing to Take Down Obamacare

by Nicholas Bagley — Tuesday, Dec. 18, 2018

I’ve got a piece at The Atlantic this morning arguing that Judge O’Connor was wrong—and obviously so—to hear the Texas lawsuit at all. The states don’t have standing to challenge a mandate that doesn’t apply to them. And the two Texas consultants they recruited as plaintiffs don’t have standing either. Here’s the key argument: Nantz […]

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A Texas court has declared the entire ACA unconstitutional

by Nicholas Bagley — Saturday, Dec. 15, 2018

And I’ve got an op-ed in the Washington Post about why the decision is wrong. Here’s a taste: Who cares if a zero-dollar mandate is constitutional or not? Why does it matter in the slightest? And what on earth does it have to do with the rest of ACA? You might have thought that the […]

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The Trump administration targets the contraception mandate

by Nicholas Bagley — Friday, Nov. 9, 2018

With the midterms out of the way, HHS has released two final rules affording employers wide leeway to opt out of the so-called contraception mandate. The first exempts employers with religious beliefs from the obligation to include contraception in the health insurance package they offer to their employees. The second does the same for employers […]

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Judges Shouldn’t Have the Power to Halt Laws Nationwide

by Nicholas Bagley — Wednesday, Oct. 31, 2018

That’s the headline to an article of mine, co-authored with Sam Bray of Notre Dame Law School and published today in The Atlantic. We highlight the disquieting possibility that a single district court in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire […]

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Maryland files suit to protect the ACA from Texas

by Nicholas Bagley — Thursday, Sept. 13, 2018

Last week’s hearing in Texas v. United States convinced a lot of observers, me included, that a district court judge in Texas is poised to declare that all or part of the Affordable Care Act is unconstitutional. When and if he does so, the judge might also enter an injunction ordering the administration to stop enforcing the Act […]

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Limiting State Flexibility in Drug Pricing

by Nicholas Bagley — Thursday, Sept. 13, 2018

That’s the title of a new perspective piece from Rachel Sachs and me in the New England Journal of Medicine. The Trump administration has refused to allow Massachusetts to experiment with a closed formulary, which would give the state some leverage in price negotiations over low-value drugs. But, as we explain, CMS has offered no written explanation whatsoever for its refusal. […]

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Trump’s Sabotage of Obamacare Is Illegal

by Nicholas Bagley — Tuesday, Aug. 14, 2018

So runs the headline of an op-ed that I co-authored with Abbe Gluck of Yale Law School in the New York Times. Here’s an excerpt: Never in modern American history has a president so transparently aimed to destroy a piece of major legislation. What makes Mr. Trump’s sabotage especially undemocratic is that Congress has repeatedly […]

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The Right Thing on Risk Adjustment

by Nicholas Bagley — Wednesday, July 25, 2018

It took a crisis to spur the Trump administration to action, but it did finally act. Yesterday evening, HHS released a rule addressing a New Mexico judge’s concerns with the risk adjustment program. If all goes well—more on that in a moment—the new rule should put an end to risk adjustment fiasco. To bring you […]

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