Notice & Comment

Notice & Comment

Notice & Comment

Solum on The Case for Originalism

We published a number of blog posts on the Gorsuch Supreme Court confirmation hearing — at least with respect to Judge Gorsuch’s administrative law and separation of powers jurisprudence. In light of that coverage, I thought readers may be interested in a terrific series by Larry Solum, who testified at the confirmation hearing, entitled “The […]

Notice & Comment

Uncertainty (Still) Has Consequences – and Trump Knows It

This post was co-authored with Rachel Sachs, a professor at Washington University School of Law. It has been cross-posted at Take Care, a blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. Yesterday, in an interview with the Wall Street Journal, President Trump admitted that he’s toying with the idea […]

Notice & Comment

Waivers and the future of repeal and replace

Over at National Review, Yuval Levin argues that a Republican consensus over repeal and replace might slowly be emerging: It now seems that the familiar debates about tax credits vs. deductions and even about spending levels aren’t exactly where the dividing lines are in the House conference. Rather, … the Freedom Caucus Republicans want to […]

Notice & Comment

George Mason Law Review–essays from the Transatlantic Forum

The inimitable Michael Greve hosts a stimulating conference with scholars and practitioners from both sides of the Atlantic, called (appropriately) the Transatlantic Law Forum. The George Mason Law Review just published some of the essays from the 8th of these conferences, with a intellectual and substantive diversity reflected in the essays. They include Mike’s introduction, […]

Notice & Comment

Too little, too late

In their latest amendment to the American Health Care Act, House Republicans have created something called an “invisible risk sharing program.” The amendment is befuddling. The invisible program is a minor tweak that won’t improve the AHCA’s dismal coverage numbers. It’s not even really a program. If there’s any prospect at all of salvaging Republican-style […]

Notice & Comment

The complications of House v. Price

I’ve got a piece at Vox discussing what happens next with House v. Price, the Obamacare litigation over whether Congress has appropriated the money to make cost-sharing payments. To bring you quickly up to speed: a district court in Washington, D.C., concluded last year that the Obama administration was breaking the law in making the […]

Notice & Comment

Judge Gorsuch and Chevron Doctrine: A Defense

Judge Gorsuch does not need me to defend him.* His opinions are well written and speak for themselves. (It is not by accident that the American Bar Association deemed him “well qualified” for the Supreme Court!) But this blog has recently published three posts charging Gorsuch with not “car[ing] about precedent”; exhibiting “remarkable carelessness about […]