Author Archives: Nicholas Bagley

The case that could end the Texas lawsuit.

by Nicholas Bagley — Friday, June 15, 2018

A slew of amicus briefs were filed yesterday in the Texas lawsuit, almost every one of them pushing back on the argument that the Affordable Care Act should be invalidated, in whole or in part. (I filed one myself, together with a bipartisan group of law professors.) Today, I wanted to highlight one of those […]

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Amicus brief in the Texas ACA case

by Nicholas Bagley — Thursday, June 14, 2018

Together with a bipartisan group of law professors—Jonathan Adler, Abbe Gluck, Ilya Somin, and Kevin Walsh—I submitted an amicus brief today in the Texas litigation over the constitutionality of the Affordable Care Act. Joe Palmore at Morrison and Foerster graciously helped to pull the brief together; he did characteristically excellent work. The amicus brief doesn’t […]

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A Big Loss for Insurers in the Risk Corridor Litigation.

by Nicholas Bagley — Thursday, June 14, 2018

Today was a bad day for insurers seeking more than $12 billion in risk corridor money from the United States. Over a dissent, the Federal Circuit ruled that the federal government doesn’t owe them a cent. (I’ve been following the litigation for a long time; you can catch up on my prior posts here.) The […]

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The Texas lawsuit could end some of the ACA’s protections for employer coverage.

by Nicholas Bagley — Thursday, June 14, 2018

The Trump administration’s refusal to defend portions of the Affordable Care Act is shocking enough. Equally shocking is how little it seems to care what happens if it gets what it’s asking for. One question in particular: what about legal protections for the 160 million people who get insurance through their employers? Will their insurance […]

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Texas Fold ‘Em

by Nicholas Bagley — Thursday, June 7, 2018

In an unexpected move, the Justice Department filed a brief this evening urging a Texas court to invalidate the Affordable Care Act’s crucial insurance reforms—including the prohibition on refusing to cover people with preexisting conditions. Although the ACA is not in immediate peril, the brief represents a blow to the integrity of the Justice Department. […]

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A puzzle about standing (and the Affordable Care Act).

by Nicholas Bagley — Wednesday, June 6, 2018

When you bring a federal lawsuit, you have to show that you’ve suffered an injury that the defendant has caused and that, if you prevail, the court can enter relief that will redress that injury. In assessing the sufficiency of your claim for standing, the court—in principle, at least—is supposed to assume that you’ll prevail […]

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Disparate Impact and the Administrative Procedure Act

by Nicholas Bagley — Thursday, May 10, 2018

This post was co-authored with Eli Savit, an attorney and adjunct professor at the University of Michigan Law School. In a New York Times op-ed this week, we argued that a Michigan bill that would impose work requirements on Medicaid beneficiaries violates Title VI of the Civil Rights Act of 1964, which prohibits any program […]

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There’s No Justification for Michigan’s Discriminatory Work Requirements

by Nicholas Bagley — Wednesday, May 9, 2018

This post was co-authored with Eli Savit, an attorney and adjunct professor at the University of Michigan Law School. As we highlighted yesterday in the New York Times, a Michigan bill to impose work requirements on Medicaid recipients would have severe racially discriminatory effects.  The bill exempts people from the work requirement if they live […]

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Michigan’s Discriminatory Work Requirements

by Nicholas Bagley — Tuesday, May 8, 2018

That’s the title of an op-ed that Eli Savit and I just published at the New York Times. For those who are too poor to afford health insurance, Medicaid is a lifeline. This joint federal and state program doesn’t care whether you’re white or black, Christian or Muslim, Republican or Democrat, a city-dweller or a […]

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Bring back the Medicare experiments!

by Nicholas Bagley — Thursday, May 3, 2018

Together with Scott Levy and Rahul Rajkumar, both formerly of the Center for Medicare and Medicaid Innovation, I’ve got a new piece out in the New England Journal of Medicine: In an ambitious effort to slow the growth of health care costs, the Affordable Care Act created the Center for Medicare and Medicaid Innovation (CMMI) […]

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