Debating Halbig and PPACA Implementation

On Tuesday, I recorded a teleforum podcast on Halbig v. Sebelius with University of Michigan law professor Nicholas Bagley.  Audio of the program, sponsored by the Federalist Society, is available here.

It was a particular pleasure to debate the merits of this case with Professor Bagley.  Although I believe he is quite wrong about this particular question, he has provided some of the most fair-minded analysis of the legality of PPACA implementation.  A case in point is this brief essay he penned for the New England Journal of Medicine. It stands in stark contrast to the more doctrinaire defense offered here by Simon Lazarus and Tim Jost.  Professor Bagley has also uthored several posts analyzing the legality of various delays and fixes at The Incidental Economist, a center-left health care policy blog.

Jonathan H. Adler teaches courses in constitutional, administrative, and environmental law at the Case Western University School of Law, where he is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation.

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Sasha Volokh · April 17, 2014