Affordable Care Act

Guest Blogger John Nagle: The Clean Air Act Applies to Greenhouse Gases Because of What Congress Said, Not Because of What Congress Intended

A Reply to Megan Herzog

In my recent CNN op-ed and in her previous post, Megan Herzog and I agree that the Supreme Court has properly interpreted the Clean Air Act (CAA) to apply to the emission of greenhouse gases. We just disagree about the correct manner in which to reach that conclusion. Judges and scholars generally favor an originalist …


Bagenstos on the Health Care Case: Critical Reading for Environmental Lawyers

Sam Bagenstos at Michigan Law School has long distinguished himself as one of the most thoughtful constitutional doctrinalists in the country (and maybe the best disability scholar as well).  He is out with a new article in the Georgetown Law Journal concerning the Spending Clause implications of the health care case. Environmental lawyers and scholars should …


The Supreme Court Strikes Down the Clean Air Act

Not, not really.  Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law.  I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry — an industry that …