This site includes materials, from the premiumtaxcredits.wikispaces.com and subsidieson1321cexchanges.wikispaces.com sites, copied over in September 2018.
Right now, things are organized in sub-pages; here are some links that might help get from one sub-page to another.
But first, a summary of Affordable Care Act litigation — a nine-year summary, building on a six-year summary done three years ago (the math works, right?).
And, second, a link to a short-term calendar of ACA litigation events:
I’ll do my best to update this every couple of days.
The first sub-page deals with “A Global Challenge”: Texas v. U.S., No. 4:18-cv-167 (N.D. Tex.), appeal, No. 19-10011 (5th Cir.), and the declaratory judgment suit, State of Maryland v. U.S., No. 1:18-cv-2849 (D. Md.).
Another sub-page, “Whittling away,” presents cases challenging Administration proposals about association health plans, the 2019 regulations, and short-term and limited duration policies.
Then there are sub-pages about enforcing the ACA directly or via section 1557:
About wellness programs:
About the challenges to the religious and moral objections rules:
And about miscellaneous pending ACA/health cases:
And recent litigation about Title X restrictions:
And recent litigation about the conscience protection regulations:
Then there are sub-pages about payments to insurers, specifically, CSRs:
And risk corridors and risk adjustments:
https://affordablecareactlitigation.com/risk-corridors-and-risk-adjustment/ [leaving out many of the 50 or so risk corridor cases that remain stayed at the Court of Claims pending the Supreme Court’s decisions in the Moda, BC BS NC, Land of Lincoln, and Maine CHO cases]
Then there are four Medicaid sub-pages, one about state-level disputes implicating the Medicaid expansion:
Another about 1115 waivers for “Community Engagement”: proposals for work requirement disqualifications, lifetime limits, and other prohibitions :
A third about 1115 ‘block grant’ waivers, such as the one semi-proposed for Alaska, and semi-tried-out in Rhode Island
And the fourth, “Artist M. redivivus,” about whether Medicaid Act rights are enforceable:
I have also added a page with some information about the public charge litigation:
Then, of course, a collection of cases that are now closed, such as King v. Burwell, Halbig, Pruitt, Indiana v. I.R.S; and Ohio and West Virginia [The King Supreme Court briefing and orders from the other Halbig-type premium tax credits cases are up, but other materials from the Halbig-type cases are not up]:
Here is a sub-page on the ACA’s legislative history:
And on the recent repeal/replace/repair efforts in Congress:
And there is now an already-copied-over sub-page about section 1332:
And, finally, a page about miscellaneous pending ACA/health cases:
Here is a crib sheet, originally compiled December 21, 2018, and last updated December 29, 2019, showing the cases I’m trying actively to track. Gray: not tracking very actively.
A crib sheet, 12/29/2019
District of Columbia
Southern New York
17-3752, 18-1253, 19-1129, 19-1189
19-15072, 19-15118, 19-15150
Court of Federal Claims
U.S. Supreme Court