This post was co-authored with Eli Savit, an attorney and adjunct professor at the University of Michigan Law School. In a New York Times op-ed this week, we argued that a Michigan bill that would impose work requirements on Medicaid beneficiaries violates Title VI of the Civil Rights Act of 1964, which prohibits any program […]
The U.S. Supreme Court granted certiorari in Guido v. Mt. Lemmon School District. — U.S. — , 138 S.Ct. 1165 (February 26, 2018). Presumably, it did so to resolve a Circuit split regarding the application of the Age Discrimination in Employment Act of 1967’s (ADEA) numerosity requirement, 29 U.S.C.A. § 630(b), to public employers. In […]
This post was co-authored with Eli Savit, an attorney and adjunct professor at the University of Michigan Law School. As we highlighted yesterday in the New York Times, a Michigan bill to impose work requirements on Medicaid recipients would have severe racially discriminatory effects. The bill exempts people from the work requirement if they live […]
That’s the title of an op-ed that Eli Savit and I just published at the New York Times. For those who are too poor to afford health insurance, Medicaid is a lifeline. This joint federal and state program doesn’t care whether you’re white or black, Christian or Muslim, Republican or Democrat, a city-dweller or a […]
Over at the Volokh Conspiracy, Sam Bray has this fascinating and timely post on why the Administrative Procedure Act (APA) does not allow for nationwide injunctions: Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a “reviewing court shall . . . hold unlawful and […]
Perusing the internet, I see that a study suggests cable news may make one less informed about the world. What a depressing thought. My instinct is to question such a claim, at least if the point is taken too far. Although, no doubt, there are often much better ways to gain information and televised news […]
Over at The Regulatory Review, Melissa Wasserman and I have an essay about the Supreme Court’s decision last week in Oil States and our new paper The New World of Agency Adjudication, which is forthcoming in the California Law Review. Here’s a snippet from our Regulatory Review essay: Last week, the U.S. Supreme Court upheld the constitutionality of […]
My prior post examined the often-overlooked and extremely strict requirements for establishing criminal violations under the Federal Election Campaign Act (FECA). Although ignorance of the law usually provides no defense to criminal liability, in FECA, it does. That is, under 52 U.S.C. 30109(d)(1)(A), criminal violations arise only when someone “knowingly and willfully” violates FECA’s requirements. Under the Department […]
Together with Scott Levy and Rahul Rajkumar, both formerly of the Center for Medicare and Medicaid Innovation, I’ve got a new piece out in the New England Journal of Medicine: In an ambitious effort to slow the growth of health care costs, the Affordable Care Act created the Center for Medicare and Medicaid Innovation (CMMI) […]
The Supreme Court appears to be poised to uphold the so-called Travel Ban at issue in Trump v. Hawaii. At the oral argument, some of the justices seemed concerned about the Court second-guessing an order that came from the President himself and that concerned national security. Neither of those factors, however, should hinder the Court […]
When the Senate lowered the threshold for nominees to a simple majority, it kept the 30-hour requirement to overcome a filibuster. While the Republican Senate has been willing to devote 30 hours to overcome filibusters on nominees to more important positions like cabinet secretary and circuit court judge, the floor time has added up quickly. […]
Largely because of the Supreme Court’s 1975 decision in Withrow v. Larkin, the accepted view for decades has been that a federal administrative agency does not violate the Due Process Clause by combining the functions of investigating, charging, and then resolving allegations that a person violated the law. Many federal agencies have this structure, such […]
In March, The Regulatory Review published an excellent series of opinion essays analyzing the five recommendations that the Administrative Conference of the United States adopted at its last Plenary session, held in December 2017. I highlighted the new recommendations (and a rare separate statement) when they were published, but The Regulatory Review series delves much deeper. In […]
Ever since I was a 2L, I’ve had a soft spot for Judge David Sentelle. It is not because he is a “very bright and capable” jurist — though he surely is that. And it is not because he is a published author — though his book is quite good. It is not even because […]
Over at the IP/patent law blog Written Description, Lisa Ouellette has a very thoughtful post on The New World of Agency Adjudication, my new paper with Melissa Wasserman that is forthcoming in the California Law Review next year. Here’s the first and last paragraph: Christopher Walker is a leading administrative law scholar, and Melissa Wasserman‘s excellent work on […]