A blog on practice in the Nation’s second-most powerful court

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.

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Oral Argument

“That answer is not acceptable in this court ever.”

Recently, during an oral argument in the D.C. Circuit, counsel (who shall remain nameless) attempted to do what appellate practitioners call “fighting the hypo.”  Chief …

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