By Kevin Outterson After the NFIB decision in June, Maine tried to expand Justice Roberts’ remedy to also make the “maintenance of effort” provision optional for states. Maine was unsuccessful in the First Circuit with the argument, for procedural reasons. Prior coverage here. The Obama Administration is sticking to the letter of the law, and announced Tuesday that it…
By Nicole Huberfeld Earlier this week, Jonathan Adler wrote in the National Review Online that challenges to the individual mandate were just beginning. And today, Oklahoma’s September challenge to the ACA is making headlines. As I have described before, one of the new theories by which Jonathan Adler and the Cato Institute are seeking to…
By Nicole Huberfeld Two vaguely related thoughts on the future of the ACA. First, when I present my co-authored Medicaid post-mortem paper forthcoming in B.U. L. Rev., I find I am frequently asked “what could a President Romney do to dismantle the ACA if he can’t repeal it?” An incisive answer to this question was…
By Vickie J. Williams I am back after a brief hiatus for the Jewish holidays. L’Shanah Tova to all my readers who have just celebrated the Jewish New Year. The first Monday in October is, of course, a special day for all of us legal eagles–the Supreme Court is back in session. The other significant thing…
By Jennifer S. Bard Being in my native land of Connecticut reminds me that Mark Twain is famously, if inaccurately, quoted as saying that everyone talks about the weather but no one ever does anything about it. Nowhere is this concept more true today than in the handwringing over the coming shortage of physicians following…
By Nicole Huberfeld We Who Follow ACA Litigation will continue to be in business. [On September 19], Oklahoma’s Attorney General sought leave to amend the state’s original complaint regarding the individual mandate. Now the state claims that the tax subsidies offered to those qualifying for financial assistance to obtain insurance through the exchanges are impermissible. …
By Nicole Huberfeld The Pacific Legal Foundation seems unable to face its defeat before the Court in June. The PLF has filed a motion seeking leave to amend a complaint on behalf of a small business owner who would have the ACA declared unconstitutional based on the theory that the law was introduced in the…
