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24 Mar 2015, 4:23 am by Amy Howe
  At The Incidental Economist, Nicholas Bagley discusses the prospect that the Court could stay its decision in King (and the possible effects of such a stay), while at the National Review Online’s Bench Memos Michael Cannon argues that “the Court will have to lower the bar quite a bit to find the ACA’s Exchange provisions coercive. [read post]
11 Mar 2015, 7:10 am
Yet another amicus brief, on behalf of my former colleagues Professors Tom Merrill and Gillian Metzger, as well as Professors Abbe Gluck and Nicholas Bagley, made a variety of federalism arguments in the interest of constitutional avoidance. [read post]
6 Mar 2015, 7:18 am by Amy Howe
” Nicholas Bagley also focuses on federalism at The Incidental Economist, arguing that “established interpretive principles would allow the Court to protect federalism values without wading into uncertain and contested constitutional terrain. [read post]
5 Mar 2015, 10:10 am by NCC Staff
Nicholas Bagley from the University of Michigan Law School has written about the ACA since 2011. [read post]
5 Mar 2015, 5:28 am by Amy Howe
Commentary on yesterday’s oral argument comes from Nicholas Bagley at The Incidental Economist, Jeremy Leaming at ACSblog, and Nicole Huberfeld at HealthLawProf Blog. [read post]
3 Mar 2015, 6:27 am
In an amicus brief co-signed by Nicholas Bagley, Thomas Merrill, and Gillian Metzger, she offers the following version of a Gregory federalism argument: Congress intended to subsidize all health insurance exchanges. [read post]
3 Mar 2015, 4:11 am by SHG
  In an homage to canons of interpretation, Michigan lawprof Nicholas Bagley made an impassioned plea in the New York Times for the Supreme Court to ignore the words of the Affordable Care Act. [read post]
3 Mar 2015, 3:36 am by Amy Howe
  Commentary comes from Marty Lederman at Balkinization, Jeffrey Toobin in The New Yorker, Nicholas Bagley in The New York Times, Robert Schlesinger at U.S. [read post]
2 Mar 2015, 10:02 pm
 Professor Nicholas Bagley, for instance, writes in the New York Times: a ruling in the plaintiffs’ favor would make the fallback exchanges dysfunctional. [read post]
2 Mar 2015, 7:48 pm
" Law professor Nicholas Bagley has this op-ed in today's edition of The New York Times. [read post]
24 Feb 2015, 4:13 am by Amy Howe
”  At The Incidental Economist, Nicholas Bagley agrees that “Jost and Engstrand are on exactly the right track: they’re building a statutory case, premised on the text of the ACA as a whole, in favor of the government’s interpretation. [read post]
17 Feb 2015, 6:47 am by Amy Howe
Nicholas Bagley weighs in on the standing issue at The Incidental Economist, expressing “serious doubts about the standing of” three of the four challengers. [read post]
10 Feb 2015, 5:01 am by Amy Howe
  At The Incidental Economist, Nicholas Bagley contends that several of the Court’s decisions “require Congress to speak with much greater clarity before the courts will impute to it the desire to behave so disrespectfully toward the states. [read post]
2 Feb 2015, 2:41 am by Amy Howe
”  And in The Incidental Economist, Nicholas Bagley argues that, if the Court invalidates the subsidies, “any suggestion Congress will just clean up the mess should be taken with a huge grain of salt. [read post]
1 Feb 2015, 10:35 am by Guest Blogger
  Rather textualism requires the Court to consider the meaning of particular provisions in light of the entire text of the law.A brieffiled by Thomas Merrill, Gillian Metzger, Abbe Gluck, and Nicholas Bagley discusses the different forms of federalism represented in government programs and demonstrates that a prohibition on premium tax credits for federal exchanges is inconsistent with the kind of cooperative federalism program represented by the ACA marketplaces. [read post]
26 Jan 2015, 4:00 pm by Kali Borkoski
 Speakers will include Julie Rovner, Nicholas Bagley, and Michael Cannon. [read post]
20 Jan 2015, 4:07 am by Amy Howe
At The Incidental Economist, Nicholas Bagley weighs in on King v. [read post]
8 Jan 2015, 3:57 am by Amy Howe
  Jonathan Adler and Nicholas Bagley debate the merits of the case in an appearance posted at The Incidental Economist (video), while in the New Republic Brian Beutler contends that “[t]he Chinese wall separating political and legal arguments is breaking down in King, because the challenge itself is such a farce. [read post]
30 Dec 2014, 6:13 am
Burwell with Professor Nicholas Bagley of the University of Michigan. [read post]
20 Dec 2014, 8:53 am by Thaddeus Mason Pope, J.D., Ph.D.
Madison, Northeastern University School of Law ·         Ann Marie Marciarille, University of Missouri-Kansas City School of Law ·         Hillary Greene, University of Connecticut School of Law (moderator) Saturday, JAN. 3 12:30 pm - 2:30 pm Omni Shoreham Hotel Diplomat Ballroom Lobby Level Lunch Debate: Resolved, that the Affordable Care Act Does Not Authorize … [read post]