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.
And, third, a sub-page on “The ACA at 10”
The first substantive 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:
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 April 4, 2020 showing the cases I’m trying actively to track. Gray: not tracking very actively.
A crib sheet, 4/4/2020
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