Symposium: A decisive SCOTUS victory for the ACA that may bring an end to...
The Supreme Court has spoken and the Affordable Care Act has once again has survived. The legal issue in King v. Burwell was whether the word “by” in the phrase “Exchange established by the State”...
View ArticleSymposium: The ACA is here to stay
Brianne J. Gorod (@BrianneGorod) is appellate counsel at Constitutional Accountability Center. When the Court decided to hear King v. Burwell last November, there was a lot of anxiety that the writing...
View ArticleSymposium: The magical powers of statutory context
Thomas M. Fisher is the Solicitor General of Indiana, and authored an amicus brief in support of the petitioners in this case. (This essay is submitted in the author’s individual capacity and the views...
View ArticleSymposium: However King was decided, the future of American health care was...
Randy E. Barnett, is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he directs the Georgetown Center for the Constitution. He was one of the lawyers...
View ArticleSymposium: Economics beats formalism
Einer Elhauge is the Petrie Professor of Law at Harvard Law School My major takeaways from the Supreme Court’s opinion in King v. Burwell are these: First, this opinion confirms an interesting divide...
View ArticleSymposium: Bypassing separation of powers to “fix” sloppy laws
David B. Rivkin, Jr. is a constitutional litigator at BakerHostetler, LLP, who served in the Justice Department and the White House Counsel’s Office in the Reagan and George H.W. Bush administrations....
View ArticleSymposium: Words still have meaning
Nicholas Bagley is an assistant professor of law at the University of Michigan. Portions of this post appeared in an op-ed in the Los Angeles Times. With its decision in King v. Burwell, the Supreme...
View ArticleSymposium: Defining deference down
Adam J. White is counsel with Boyden Gray & Associates, and an adjunct fellow at the Manhattan Institute. His firm filed an amicus brief in King on behalf of the Galen Institute, arguing that the...
View ArticleSymposium: Congress has a “plan” and the Court can understand it – The Court...
Abbe R. Gluck is Professor of Law and Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School. “A fair reading of legislation demands a fair understanding of the legislative...
View ArticleSymposium: Six Humpty Dumptys playing Calvinball
Michael F. Cannon (@mfcannon) is director of health policy studies at the libertarian Cato Institute. He has been described as “the intellectual father” of King v. Burwell and is co-author (with...
View ArticleSymposium: Six Humpty Dumptys playing Calvinball
Michael F. Cannon (@mfcannon) is director of health policy studies at the libertarian Cato Institute. He has been described as “the intellectual father” of King v. Burwell and is co-author (with...
View ArticleSymposium: A decisive SCOTUS victory for the ACA that may bring an end to...
The Supreme Court has spoken and the Affordable Care Act has once again has survived. The legal issue in King v. Burwell was whether the word “by” in the phrase “Exchange established by the State”...
View ArticleSymposium: The ACA is here to stay
Brianne J. Gorod (@BrianneGorod) is appellate counsel at Constitutional Accountability Center. When the Court decided to hear King v. Burwell last November, there was a lot of anxiety that the writing...
View ArticleSymposium: The magical powers of statutory context
Thomas M. Fisher is the Solicitor General of Indiana, and authored an amicus brief in support of the petitioners in this case. (This essay is submitted in the author’s individual capacity and the views...
View ArticleSymposium: However King was decided, the future of American health care was...
Randy E. Barnett, is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he directs the Georgetown Center for the Constitution. He was one of the lawyers...
View ArticleSymposium: Economics beats formalism
Einer Elhauge is the Petrie Professor of Law at Harvard Law School My major takeaways from the Supreme Court’s opinion in King v. Burwell are these: First, this opinion confirms an interesting divide...
View ArticleSymposium: Bypassing separation of powers to “fix” sloppy laws
David B. Rivkin, Jr. is a constitutional litigator at BakerHostetler, LLP, who served in the Justice Department and the White House Counsel’s Office in the Reagan and George H.W. Bush administrations....
View ArticleSymposium: Words still have meaning
Nicholas Bagley is an assistant professor of law at the University of Michigan. Portions of this post appeared in an op-ed in the Los Angeles Times. With its decision in King v. Burwell, the Supreme...
View ArticleSymposium: Defining deference down
Adam J. White is counsel with Boyden Gray & Associates, and an adjunct fellow at the Manhattan Institute. His firm filed an amicus brief in King on behalf of the Galen Institute, arguing that the...
View ArticleSymposium: Congress has a “plan” and the Court can understand it – The Court...
Abbe R. Gluck is Professor of Law and Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School. “A fair reading of legislation demands a fair understanding of the legislative...
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