Health Care Law

Obamacare, Immigration Executive Order and Other Transformative Lawsuits: A Conversation with 4 Current Solicitors General

California-Berkeley Student Chapter April 17, 11:00 AMRoom 105
Boalt Hall
Berkeley, CA 94720


  • Elbert Lin, Solicitor General of West Virginia
  • Stephen McAllister, Solicitor General of Kansas
  • Lawrence VanDyke, Solicitor General of Nevada
  • Patrick Wyrick, Solicitor General of Oklahoma


Affordable Care Act Subsidies Debate - Event Audio/Video

17th Annual Faculty Conference
Jonathan H. Adler, Nicholas Bagley, Nicholas Quinn Rosenkranz January 09, 2015

This debate was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

Debate: Resolved, that the Affordable Care Act does not authorize subsidies for individuals purchasing health insurance through federal exchanges
12:30-2:30 pm

  • Prof. Jonathan Adler, Case Western Reserve University School of Law
  • Prof. Nick Bagley, University of Michigan School of Law
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center

Washington, DC
January 3, 2015

Showcase Panel II: Intergenerational Equity and Social Security, Medicare, Obamacare, and Pensions - Event Video

2014 National Lawyers Convention
Christopher C. DeMuth, John O. McGinnis, David A. Weisbach, Frank H. Easterbrook November 17, 2014

Several major federal programs directly tax the young to provide benefits to the elderly.  This is a main feature of the Affordable Care Act, the Social Security System as it currently works, and of the laws guaranteeing pensions.  In addition, the national debt raises intergenerational equity issues.  What obligations do these debts impose on the young?  Are they all of a piece or are the answers different in each case?  Is it true that this generation is likely to be poorer than the previous one?  What role does our legal system play in this?  How will the law address pensions that contribute to bankrupting cities or states?  What is the nature of the Social Security contract?

The Federalist Society's Practice Groups presented this showcase panel on "Intergenerational Equity and Social Security, Medicare, Obamacare, and Pensions" on Friday, November 14, during the 2014 National Lawyers Convention.


  • Hon. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute, Inc., and former Administrator for Information and Regulatory Affairs, U.S. Office of Management and Budget
  • Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
  • Prof. David A. Weisbach, Walter J. Blum Professor of Law and Senior Fellow, The Computation Institute of the University of Chicago and Argonne National Laboratory
  • Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit

Mayflower Hotel
Washington, DC

Supreme Court Cert Alert: Obamacare Case Granted, BP Case Pending - Podcast

Practice Groups Podcast
Jonathan H. Adler, John S. Baker, Jr. November 12, 2014

On Friday, November 7, the U.S. Supreme Court granted a petition for cert in King v. Burwell, the Fourth Circuit Court of Appeals case concerning the payment of subsidies to participants in federally-run versus state-run health care exchanges. Many believe a decision that cuts against the government's interpretation of the statute could undermine Obamacare. A temporary circuit split on the issue was obviated weeks ago when the D.C. Circuit Court of Appeals agreed to en banc review of a three-judge panel decision that reached a result different than had the Fourth Circuit. Our experts discussed why the Court agreed to hear a case that upheld a federal government interpretation of a federal statute.

Meanwhile, LSU Law School Professor John Baker has written a paper (available here) discussing the administration of the settlement fund in the BP Horizon oil spill. In that matter, BP asserts that the fund administrator is awarding damages to plaintiffs who were not harmed by the oil spill, and BP seeks relief in the Court. Later the week of November 10, the Court is expected to consider a cert grant in this important case.

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
  • Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center and Professor Emeritus, LSU Law School