House Energy and Commerce committee print, released 3/6/17

House Energy and Commerce section by section

Markup Memo

H. Res. 154

House Ways and Means proposal, released 3/6/17

House Ways and Means section by section

CBO cost estimate, American Health Care Act, 3/13/17

Kasich/Snyder/Sandoval/Hutchinson letter, 3/16/17

H.R. 1628 (Black), as introduced 3/20/2017

H.R. Rep. No. 115-52 (3/20/2017)

Manager's amendment (policy), 3/20/2017

Manager's amendment (technical), 3/20/2017

Manager's amendment (policy) section by section, 3/20/2017

Manager's amendment (technical) section by section, 3/20/2017

House committee press release, 3/20/2017

CBO cost estimates, various provisions of Manager's Amendment, 3/23/2017

Policy amendment to the manager's amendment, 3/23/2017

Policy amendment to manager's amendment section by section, 3/23/2017

H.R. 1628 as it went to the House floor, 163 Cong. Rec. H2393-H2405, and the debate, 163 Cong. Rec. H2405-H2441 (March 24, 2017)

03/24/2017-3:30pm POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule 19, further consideration of H.R. 1628 is postponed.

Action By: House of Representatives

Palmer Amendment on Invisible Risk Sharing Program, 4/6/2017

As adopted by the House Rules Committee, Report 115-88, 4/6/2017

Palmer Amendment section by section

MacArthur Amendment discussion draft, 4/25/2017

Amendment to MacArthur, 4/26/2017

MacArthur summary

Upton Amendment, 5/3/2017

Upton section by section

Compilation of secs. 132-136 and 214(b), as amended by Palmer, MacArthur, and Upton, 5/3/17
Scanned version

Word version

Word version saved as pdf

H.R. 1628, as it passed the House

CBO analysis of H.R. 1628 as it passed the House, 5/24/17

CMS actuary analysis of the House bill, 6/13/17

Senate "discussion draft," 6/22/2017

Congressional Research Service section by section, 6/22?/2017

NGA letter to Sen. McConnell, 6/23/17

Senate substitute updated, 6/26/2017

Section by section updated, 6/26/2017

CBO analysis of the Better Care Reconciliation Act, 6/26/2017

National Ass'n of Medicaid Directors statement, 6/26/2017

Rand Paul letter,6/27/2017

CBO Medicaid beyond 10 years out analysis, 6/29?/2017

Sen. Sasse press release/letter, 6/30/2017
Sasse press release/letter

10 Senators including Dan Sullivan, August recess letter, 6/30/2017

Discussion Draft, 7/13/2017

Discussion Draft section by section, first 2 titles, 7/13/2017

Discussion Draft section by section, Title III, 7/13/2017

AHIP/BCBSA letter re Consumer Freedom Option, 7/14/2017

HHS preliminary draft analysis of Consumer Freedom Option, 7/15/2017

"Obamacare Repeal Reconciliation Act of 2017," 7/19/2017

CBO on repeal-and-delay version, 7/19/2017

Discussion Draft, 7/20/2017

Discussion Draft section-by-section, 7/20/2017

CBO on the 7/20 discussion draft, 7/20/2017

Parliamentarian's Byrd Rule rulings (as described by Sen. Bernie Sanders' office?), 7/21/2017

"Portman/Cruz"?, 7/25/2017

Sen. McConnell opens the Senate debate, 7/25/2017

Senate deliberations, from the vote on the motion to proceed through the vote on SA 270, 7/25/2017

"Text of Amendments," Congressional Record, 7/25/2017 (SA 267, S4197-99, SA 270, S4200-18, SA 271, S4218-20)

CBO on possible components of skinny repeal, 7/26/2017

Senate deliberations, 7/26/2017

"Text of Amendments," Congressional Record, 7/26/2017

AHIP letter, 7/27/2017

"Health Care Freedom Act," 7/27/2017


Senate deliberations, 7/27/2017

Text of Amendments, 7/27/2017

Heghmann v. Republican National Committee, No. 2:17-cv-411 (E.D. Va.), complaint, August 3, 2017

Cassidy Graham Heller Johnson, September 13, 2017

REPEAL AND REPLACE BILLS other than the American Health Care Act, H.R. 1628

H.R. 3762, 114th Congress (as vetoed by Pres. Obama)

CBO scoring of H.R. 3762, updated January 2017

H.R. 2300, 114th Congress (Rep. Price)

Budget Resolution (Senate Concurrent Resolution 3, as agreed to, 1/13/2017)

S. 191 (Cassidy Collins)

Sen. Cassidy's introductory remarks, 163 Cong. Rec. S400-S403 (daily ed. January 23, 2017)

S. 222 (Paul)

H.R. 1072 (Sanford)

Sen. Paul's and Rep. Sanford's section by section, from Rep. Sanford's official website

[H.R. ] ["The Act of 2017"]

House Republican "Obamacare Repeal and Replace: Policy Brief and Resources" (February 2017)

National Governors' Association, "Governors-Only Discussion on Health Care Reform" (Avalere and McKinsey presentations)

McKinsey slides 30 and 31

H.R. 1436 (Jordan and Meadows)

H.R. 1718 (Brooks) (probably: from AL.com)

Cassidy Graham Heller Johnson, September 13, 2017

Bipartisan Governors' letter re Cassidy Graham, September 19, 2017

National Ass'n of Medicaid Directors letter re Cassidy Graham, September 21, 2017


H.R. 706, "Plan Verification and Fairness Act of 2017"

H.R. 708, "State Age Rating Flexibility Act of 2017"

H.R. 710, "Health Coverage State Flexibility Act of 2017"

[Discussion Draft], "Preexisting Conditions Protection and Continuous Coverage Incentives Act of 2017"

[H.R. 1121], "Pre-existing Conditions Protection Act of 2017"

H.R. 1121, "Pre-existing Conditions Protection Act of 2017" (as introduced)

H.R. 1381, "Requiring Individual Responsibility in Medicaid Act of 2017"

S. 761,
A bill to amend the Internal Revenue Code of 1986 to allow individuals to receive a premium assistance credit for insurance not purchased on an Exchange, and for other purposes.
"Health Care Options Act of 2017"

Sen. Alexander's introductory remarks, 163 Cong.Rec. S2100-01

S. 1201, "Health Care Options for All Act" (Sen. McCaskill)

S. 1354, "Individual Health Insurance Marketplace Improvement Act" (Sen. Carper)

S. 1462, "Marketplace Certainty Act" (Sen. Shaheen)

S. 1511, "Keeping Health Insurance Affordable Act of 2017" (Sen. Cardin)


Bernie Sanders, Medicare for All, September 13, 2017


AARP v. U.S. EEOC, No. 1:16-cv-2113 (D. D.C.), Memorandum Opinion (December 29, 2016)

Memorandum Opinion (August 22, 2017)

Order (August 22, 2017)

Complaint in The Religious Sisters of Mercy v. Burwell, No. 3:16-cv-386 (filed November 7, 2016)

Complaint in Catholic Benefits Ass'n v. Burwell, No. 3:16-cv-432 (filed December 28, 2016)

Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex.), Order (December 31, 2016)

Order denying 24(a) intervention and stay (January 24, 2017)

US motion for voluntary remand and stay (May 2, 2017)

Plaintiffs' opposition to voluntary remand (May 4, 2017)

US voluntary remand reply (May 18, 2017)

Scheduling order (June 13, 2017)

Fifth Circuit action on putative intervenors' appeal (June 30, 2017)

Order re voluntary remand and stay (July 10, 2017)

US status report (August 4, 2017)

Status report order (August 16, 2017)

North Dakota v. Burwell, No. 3:16-cv-386 (D. N.D.), US motion for voluntary remand/stay, May 26, 2017

Plaintiffs' request for additional stay, May 30, 2017

Plaintiffs' response to US motion for voluntary remand, June 9, 2017

US EEOC op to stay, June 13, 2017

Plaintiffs' reply in support of stay, June 20, 2017

US notice of supplemental authority, July 12, 2017

Stay but no remand order, August 24, 2017

Deference to 1557 regulations? Tovar v. Essentia Health, No. 16-3186 (8th Cir., May 24, 2017), slip op. at 13 & n.4 (Benton, J., concurring in part and dissenting in part)

1557 case: Esparza v. University Medical Center Management Corp., No. 2:17-cv-4803 (E.D. La., Sept. 5, 2017), Order Denying Motion to Dismiss

Dialysis Patient Citizens v. Burwell, No. 4:17-cv-16 (E.D. Tex), TRO (January 12, 2017)

PI order, January 25, 2017

see also Central United Life Insurance v. Burwell, No. 15-5310 (D.C. Cir., July 1, 2016)

American College of Emergency Physicians v. Price, No. 1:15-cv-913, Memorandum Opinion (D. D.C., Aug. 31, 2017)

Nevada v. U.S. Dep't of Labor, No. 4:16-cv-731 (E.D. Tex., Aug. 31, 2017)

Obama-era regulations the Trump Administration has been asked to change

DOL/HHS, "Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance," 81 Fed. Reg. 75316 (October 31, 2016)

Republican letter to Secretary Price, 6/8/2017

Selected contraception cases

Little Sisters of the Poor v. Price, No. 13-1540 (10th Cir.)
Plaintiffs-Appellants' status report, March 15, 2017

Government's response, March 16, 2017

Tenth Circuit order, March 16, 2017

Plaintiffs-Appellants' status report, May 15, 2017

Government's status report, May 15, 2017

Tenth Circuit order, May 17, 2017

Tenth Circuit order, July 25, 2017

Government's status report, September 12, 2017

Plaintiffs' status report, September 12, 2017

Order for status reports on November 13, September 13, 2017

East Texas Baptist University v. Price, No. 14-20112 (5th Cir.)
Status Report and Request to Recommence Litigation, April 20, 2017

US motion to continue abeyance, April 24, 2017

Univ Dallas motion to continue stay, April 24, 2017

East Texas Baptist opposition to continuing abeyance, April 25, 2017

Fifth Circuit extension order, April 28, 2017

US update, June 23, 2017

Fifth Circuit extension abeyance, June 26, 2017

US status report, August 22, 2017

Appellees' status report, August 22, 2017

Another month of abeyance order, August 23, 2017

Wieland v. U.S. DHHS, No. 16-3831 (8th Cir.)
Appellant status report, June 30, 2017

Appellee response to status report, July 1, 2017

Court order for next status report, July 12, 2017

US status report, August 29, 2017

Status report order, September 6, 2017

Real Alternatives v. Sec.y, USDHHS, No. 16-1275 (3d Cir.)
Opinion, August 4, 2017


"Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal," January 20, 2017

Democrats' letter to Price and Verma, August 18, 2017


"Patient Protection and Affordable Care Act; Market Stabilization," 82 Fed. Reg. 10980 (Feb. 17, 2017)

Leaked contraception draft, 7/1/2017


"Patient Protection and Affordable Care Act; Market Stabilization," 82 Fed. Reg. 18346 (April 18, 2017)

AV/CSR Bulletin, 2/24/12

Proposed regulations, 77 Fed. Reg. 70644 (Nov. 26, 2012)

Final rule, 78 Fed. Reg. 12834 (Feb. 25, 2013)

Final rule, 81 Fed. Reg. 94058 (Dec. 22, 2016)


Section 1332, 42 U.S.C. sec. 18052

John McDonough, "Wyden's Waiver: State Innovation on Steroids," 39 Journal of Health Politics, Policy & Law (May 2014)

CMS, "Waivers for State Innovation" guidance, 80 Fed. Reg. 78131 (Dec. 16, 2015)

HHS 1332 letter, March 13, 2017

Alaska 1332 waiver application, December 29, 2016

Expanded version
Appendix VI

More public comment

CMS Alaska approval letter, July 7, 2017

CMS Alaska fact sheet, July 11, 2017

CMS Alaska press release, July 11, 2017

Iowa "Stopgap" proposal, June 2017

"Stopgap" as submitted 7/13/2017

Iowa 1332 proposal, 8/21/2017

Massachusetts fast track 1332 public comment draft, July 24, 2017




Dayton letter, Sept. 19

Oklahoma 1332 Waiver Concept Paper, March 2017

Oklahoma 1332 Waiver Public Comment Draft, July 14, 2017

Oregon draft, July 25, 2017

Oregon 1332 waiver, August 31, 2017

CMS completeness letter to Oregon, September 11, 2017


Samuel L. Bray, "Multiple Chancellors: Reforming the National Injunction," UCLA School of Law, Public Law Research Paper No. 16-54. Available at SSRN: https://ssrn.com/abstract=2864175 or http://dx.doi.org/10.2139/ssrn.2864175 (February 9, 2017 draft).

Earth Island Institute v. Ruthenbeck, 490 F.3d 687, 699 (9th Cir. 2007), rev'd on other grounds sub nom. Summers v. Earth Island Institute, 555 U.S. 488 (2009)

Transcript of oral argument in Halbig v. Sebelius, No. 14-5018, at 66-69 (March 25, 2014)

Texas v. U.S., 809 F.3d 134, 187-88 (5th Cir. 2015), aff'd by an equally divided court, 136 S.Ct. 2271 (June 23, 2016)

Preliminary injunction order, NFIB v. Perez, No. 5:16-cv-66 (N.D. Tex., June 27, 2016)

Preliminary injunction order, Texas v. U.S., No. 7:16-cv-54 (N.D. Tex., August 21, 2016)

Motion/memo for partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., November 23, 2016)

Opposition to partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., December 5, 2016)

Reply supporting partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., December 9, 2016)

Additional authorities opposing partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., February 9, 2017)

Withdrawal of motion for partial stay pending appeal, Texas v. U.S., No. 16-11534 (5th Cir., February 10, 2017)

Order Granting Preliminary Injunction, Associated Builders and Contractors of SE Texas v. Ruug, No. 1:16-cv-425 (E.D. Tex., October 24, 2016)

Memorandum Opinion and Order, Nevada v. U.S. Dep't of Labor, No. 4:16-cv-731 (E.D. Tex., November 22, 2016)

Order, Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex., December 31, 2016)

TRO, Washington v. Trump, No. 2:17-cv-141 (W.D. Wash, February 3, 2017)

Emergency motion for stay, Washington v. Trump, No. 17-35105 (9th Cir., filed February 4, 2017)

Order denying TRO, Louhghalam v. Trump, No. 1:17-cv-10154 (D. Mass., February 3, 2017) [does not get to nationwide issue]

Washington op to emergency motion, No. 17-35105 (9th Cir., filed February 6, 2017)

Reply supporting emergency motion for stay, Washington v. Trump, No. 17-35105 (9th Cir., filed February 6, 2017)

Order denying emergency stay, Washington v. Trump, No. 17-35105 (9th Cir., February 9, 2017)

Order granting TRO, State of Hawaii v. Trump, No. 1:17-cv-50 (D. Hawaii, March 15, 2017)

TRO, Northwest Immigrant Rights Project v. Sessions, No. 2:17-cv-716 (W.D. Wash., May 17, 2017)

Opinion, Int'l Refugee Assistance Project v. Trump, No. 17-1351 (4th Cir., May 25, 2017)

Application for stay and petition for cert, Trump v. IRAP (4th Cir.), June 1, 2017

Application for stay from Trump v. State of Hawaii (9th Cir.), June 1, 2017

Opinion, Hawaii v. Trump, No. 17-15589 (9th Cir.), June 12, 2017

City of Chicago v. Sessions, No. 1:17-cv-5720 (N.D. Ill.), Sept. 15, 2017


La Debacle: “Nous sommes dans un pot de chambre, et nous y serons emmerdes.”

-- General Ducrot at Sedan, September 1, 1870