This is NOT Business As Usual

In a stunning move, the Department of Justice has submitted a brief memo to the 5th Circuit Court of Appeals stating that they believe the entirety of the Affordable Care Act should be overturned. This is an even more draconian view than the Texas vs Azar case.

No one, at least in the health policy and legal world, on either side, has indicated that the Texas case has any real legal standing, but the 5th Circuit Court of Appeals is the most conservative court in the US, and this could now go to the Supreme Court - again.

Michigan law professor Nicholas Bagley tries to break it all down in a recent blog post, in which he calls the move “a serious threat to the rule of law.”.