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Category: Administrative law
Panel critical of attack on Trump Administration’s interpretation of the Affordable Care Act
In recent weeks, the press has focused heavily on how a possible Justice Amy Coney Barrett may view the Trump Administration’s pending challenge to the Affordable Care Act. Fewer have noticed the Administration’s enforcement of the Act against hospitals—specifically, by interpreting the Act’s price-transparency provision to require hospitals to disclose what the Administration believes are more accurate prices for hospital services.
D.C. Circuit rejects hospitals’ challenge to Trump Administration rule
As readers will recall, a broad collection of hospitals, led by the American Hospital Association, challenged the Trump Administration’s interpretation of the Affordable Care Act’s …
Can an agency make a decision nonfinal by calling compliance voluntary?
Not if voluntary really means mandatory, said the D.C. Circuit this week. No. 19-1248, Spirit Airlines, Inc. v. U.S. Dep’t of Transp. (May 21, 2021). …
“Breeding closely related iguanas is not a good idea”
So held a panel of the D.C. Circuit on Friday. Well, to be precise, the panel held that this intriguing determination of the U.S. Fish and …
Can an agency un-moot a case by announcing a new rulemaking?
A new D.C. Circuit decision begins with this “well-settled principle”: “when an agency has rescinded and replaced a challenged regulation, litigation over the legality of …
D.C. Circuit throws shade on legislative history and Chevron
Are you a litigator looking for a federal case that (a) rejects legislative history, or (b) frowns on applying Chevron deference in the face of …
