Tag Archives: health care


by Bernard Bell — Tuesday, June 5, 2018

Sometimes the ship of state can be turned abruptly, but sometimes it can’t.  Even though agencies possess great budgetary flexibility, and reallocation of appropriated funds is generally an unreviewable exercise of discretion, see Lincoln v. Vigil, 508 U.S. 182 (1993), a new administration encounter constraints in discontinuing the funding of multiple-year grants made by a […]

No, Congress Didn’t Commit a Crime When It Shopped for Coverage

by Nicholas Bagley — Friday, Apr. 15, 2016

John Malcolm and Michael Cannon—yes, the Michael Cannon of King v. Burwell fame—have a new op-ed accusing members of Congress and/or their staffers of committing a federal crime. Documents obtained under the Freedom of Information Act show that unnamed officials who administer benefits for Congress made clearly false statements when they originally applied to have […]

Supreme Court Decisions Have Consequences

by Nicholas Bagley — Wednesday, Apr. 13, 2016

In Gobeille v. Liberty Mutual , the Supreme Court held that ERISA trumps state laws that require self-insured employers to share data on the prices they paid for health care for their employees. Predictably, and sadly, those employers look like they’re taking full advantage (paywalled) of the Court’s decision: Plans that provide health insurance in […]

A Massive Class Action over Risk Corridors

by Nicholas Bagley — Thursday, Feb. 25, 2016

From the Portland Tribune: Health Republic Insurance Company of Oregon, a Lake Oswego-based insurer that is phasing down its operations, on Wednesday filed a $5 billion class action lawsuit on behalf of insurers it says were shorted by the federal government under an Obamacare program. The lawsuit, filed in the United States Court of Federal […]

King v. Burwell Amicus Briefs: Blackman/Cato Set the Context

by Andy Grewal — Thursday, Jan. 15, 2015

This is the fifth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: The amici curiae brief of Professor Josh Blackman and the Cato Institute reflects an unusual but effective contribution to King v. Burwell. The brief touches only lightly on the actual question presented, focusing instead […]