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3 Oct 2020, 11:12 am by Jonathan H. Adler
Further, as Professor Abbe Gluck notes in a just-posted article in the Yale Law Journal Forum, "Reading the ACA's Findings: Textualism, Severability and the ACA's Return to the Court," these claims completely ignore congressional practice and the instructions of legislative drafting manuals about how legislators approach severability. [read post]
21 Sep 2020, 12:48 pm by Jonathan H. Adler
Statements from Supreme Court justices on the death of Justice Ginsburg, SCOTUSBlog Abbe Gluck and Gillian Metzger, "Her Black Coffee Always Brewed Strong," New York Times. [read post]
17 Sep 2020, 11:17 am by Kalvis Golde
After a welcome from ACS President Russ Feingold, Kimberly Atkins of the Boston Globe will moderate a discussion among law professors Katherine Franke of Columbia and Abbe Gluck of Yale, as well as practitioners Elbert Lin of Hunton Andrews Kurth, Jeannie Rhee of Paul Weiss and the Campaign Legal Center’s Paul Smith. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
—6/15/18 An Obamacare Case So Wrong It Has Provoked a Bipartisan Outcry (w/ Abbe Gluck), New York Times, 6/19/18 Meanwhile, in a Texas Courtroom, Is the ACA in Trouble? [read post]
14 May 2020, 7:15 pm by Jonathan H. Adler
As when the case was before the district court and Fifth Circuit, I have joined with Professors Nicholas Bagley, Abbe Gluck, and co-blogger Ilya Somin to file an amicus brief explaining why, whatever else courts conclude, the individual mandate is severable from what's left of the ACA. [read post]
5 May 2020, 8:04 am by Jonathan H. Adler
—6/15/18 An Obamacare Case So Wrong It Has Provoked a Bipartisan Outcry (w/ Abbe Gluck), New York Times, 6/19/18 Meanwhile, in a Texas Courtroom, Is the ACA in Trouble? [read post]
8 Jul 2019, 8:09 pm by Jonathan H. Adler
—6/15/18 An Obamacare Case So Wrong It Has Provoked a Bipartisan Outcry (w/ Abbe Gluck), New York Times, 6/19/18 Meanwhile, in a Texas Courtroom, Is the ACA in Trouble? [read post]
1 Jul 2019, 8:09 am by Jonathan H. Adler
—4/1/19 Fifth Circuit Adds New Wrinkle to Texas ACA Case—6/26/19 I've also co-authored two New York Times op-eds on the case with Abbe Gluck, available here and here. [read post]
19 Jun 2019, 9:05 pm by Simone Hussussian
Yale Law School Professor Abbe Gluck suggests that the duty to faithfully execute laws entails ensuring “that our laws are implemented in good faith” and using “executive discretion reasonably toward that end. [read post]
5 Jun 2019, 3:50 am by Edith Roberts
Abbe Gluck and Anne Joseph O’Connell analyze the opinion in Azar v. [read post]
30 May 2019, 6:00 am by Guest Blogger
As Abbe Gluck has explained, Roberts used the case to write a “game-changing statutory interpretation opinion. [read post]
10 Apr 2019, 2:00 am by mes286
Emory Law – Abbe Gluck, Professor of Law and Faculty Director of the Solomon Center for Health Law and Policy, Yale Law School, presents today as part of the Faculty Colloquium series: ACA as Superstatute. [read post]
7 Apr 2019, 2:30 pm by David Lat
Azar, the Obamacare case now pending before the Fifth Circuit, makes for unusual alliances -- how often do you see Jonathan Adler, Nick Bagley, Abbe Gluck, and Ilya Somin on the same amicus brief? [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
Another amicus brief on severability and the Affordable Care Act.Earlier today, I joined three other academics -- Nicholas Bagley, Abbe Gluck, and the VC's own Ilya Somin -- in submitting an amicus brief to the U.S. [read post]