The Yale Law Journal

Nicholas Bagley

Forum

Federalism and the End of Obamacare

Nicholas Bagley

Federalism has become a watchword in the acrimonious debate over a possible replacement for the Affordable Care Act (ACA). Missing from that debate, however, is a theoretically grounded and empirically informed understanding of how best to allocate power between the federal government and the states…

Forum

No Good Options: Picking Up the Pieces After King v. Burwell

Nicholas Bagley & David K. Jones

Introduction If the Supreme Court rules against the government in King v. Burwell,1 insurance subsidies available under the Affordable Care Act (ACA) will evaporate in the thirty-four states that have refused to establish their own health-care exchanges.2 The pain could be felt within week…