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15 Oct 2019, 8:28 am by Allison Zieve
Among the takeaways: Overall, [Professor] Nicholas Bagley says, the ACA has been "pretty resilient to everything, so far, that the Trump administration has thrown at it. [read post]
8 Jul 2019, 8:09 pm by Jonathan H. Adler
—4/1/19 Fifth Circuit Adds New Wrinkle to Texas ACA Case—6/26/19 The ACA Cases Continue, 7/1/19 University of Michigan law professor Nicholas Bagley, with whom I sparred regularly over King v. [read post]
1 Jul 2019, 8:09 am by Jonathan H. Adler
Nicholas Bagley has more background on these cases here. [read post]
23 Jun 2019, 3:28 am by SHG
Michigan Lawprof Nicholas Bagley raises the alarm that, based upon the Supreme Court’s decision in Gundy v. [read post]
21 Jun 2019, 7:14 pm by Howard Bashman
” Law professor Nicholas Bagley will have this essay in the Sunday Review section of this upcoming Sunday’s edition of The New York Times. [read post]
19 Jun 2019, 9:05 pm by Simone Hussussian
In an opinion piece from 2018, Professor Nicholas Bagley of the University of Michigan Law School and Gluck argued that a federal court would have the ability to set aside the challenged actions under the take care clause. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
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]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
While our brief did not go into the standing issues, I have addressed them previously on this blog here and here, and Nicholas Bagley addressed them for The Atlantic. [read post]
29 Mar 2019, 6:22 am by Howard Bashman
Online at The New York Times, law professor Nicholas Bagley has an essay titled “Why Trump’s New Push to Kill Obamacare Is So Alarming: It’s not just the potential damage to the health care system and the people who depend on it; It’s also the threat, in the administration’s legal logic, to the rule of law. [read post]
28 Mar 2019, 10:25 pm by Alana Bevan
WHAT WE’RE READING THIS WEEK In a forthcoming paper for the Michigan Law Review, Nicholas Bagley of the University of Michigan Law School urged administrative lawyers to question the assumption that strict procedural rules are essential to ensure governmental legitimacy and prevent agency capture. [read post]
23 Dec 2018, 5:46 pm by Howard Bashman
“To Save Obamacare, Repeal the Mandate; Giving Republicans a symbolic victory could allow Democrats to preserve the ACA”: Law professors Nicholas Bagley and Richard Primus have this essay online at The Atlantic. [read post]
21 Dec 2018, 3:50 pm by Jonathan H. Adler
As Nicholas Bagley notes, in order to have standing, "it's not enough that you feel compelled; you must actually be compelled. [read post]
18 Dec 2018, 4:54 pm by Howard Bashman
“The Texans Challenging Obamacare Have No Standing; If there’s no penalty for going without insurance, there’s no injury; That should be obvious”: Law professor Nicholas Bagley has this essay online at The Atlantic. [read post]
18 Dec 2018, 1:05 pm by Howard Wasserman
Good analysis from Nicholas Bagley (Michigan) about the standing problems for the two individual plaintiffs in the ACA litigation. [read post]
17 Dec 2018, 11:54 am by Jeff Wurzburg (US)
On Friday, December 14, Judge Reed O’Connor of the Federal District Court in the Northern District of Texas issued a declaratory judgment holding the shared responsibility provision (also referred to as the “Individual Mandate”), and with it, the entire Affordable Care Act (“ACA”), to be unconstitutional. [read post]
15 Dec 2018, 2:38 pm by Howard Bashman
“The latest ACA ruling is raw judicial activism and impossible to defend”: Law professor Nicholas Bagley has this essay online at The Washington Post. [read post]
14 Dec 2018, 7:48 pm by Ilya Somin
For those interested, there is a more extensive discussion of the severability issue in the amicus brief I joined with several other legal scholars, including Jonathan Adler, Nicholas Bagley, Abbe Gluck, and Kevin Walsh. [read post]