Tag Archives: Obamacare

Two Misplaced Objections to the Risk Corridor Lawsuits

by Nicholas Bagley — Friday, June 10, 2016

By my count, health plans have filed five separate lawsuits in the Court of Federal Claims seeking money that they’re owed under the risk corridor program. As I’ve explained here and here, I think the lawsuits have merit, which is why I expect to see a lot more of them. If you’re a health plan, […]

Did the Court Get it Right in House v. Burwell? By Nicholas Bagley

by Nicholas Bagley — Thursday, June 2, 2016

I have a new piece at the New England Journal of Medicine siding with the district court on the merits of the appropriations dispute between the House of Representatives and the Obama administration. Here’s a taste:2 The problem with the administration’s argument is that, by statute, a law “may be construed to make an appropriation […]

Don’t Panic About House v. Burwell, by Nicholas Bagley

by Nicholas Bagley — Tuesday, May 17, 2016

Don’t panic about House v. Burwell. From the New York Times on what might happen if the House prevails in House v. Burwell: A study by the Department of Health and Human Services estimated that premiums for midlevel “silver plans” could rise by nearly 30 percent without [cost-sharing] reimbursements. Many consumers would be protected, since […]

A Government Defeat in House v. Burwell

by Nicholas Bagley — Friday, May 13, 2016

Having previously held that the House of Representatives has standing to sue, the district court in House v. Burwell has now held that the Obama administration is violating the Appropriations Clause in making cost-sharing payments under the ACA in the absence of the requisite congressional appropriation. The court has stayed its decision pending appeal, meaning […]

D.C. Circuit Review – Reviewed: Obamacare Round 3?

by Aaron Nielson — Monday, Aug. 10, 2015@Aaron_L_Nielson

So I am the newest contributor to this blog. I teach administrative law and federal courts at Brigham Young University. I plan on blogging about D.C. Circuit administrative law decisions in a regular feature dubbed D.C. Circuit Review – Reviewed. The feature will begin later this month. Today, however, merits a special post. Friday morning […]

What King v. Burwell Means for Administrative Law

by Chris Walker — Thursday, June 25, 2015@chris_j_walker

Today the Court handed down a 6-3 decision in King v. Burwell, upholding the Government’s regulation interpreting the Affordable Care Act to allow for tax subsidies in healthcare exchanges established by the Federal Government. This is a big win for the Obama Administration in a case that most felt could go either way after the […]