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

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

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

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)


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)


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

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)

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

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)

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

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


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


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

Alaska 1332 waiver application, December 29, 2016

HHS 1332 letter, March 13, 2017

Oklahoma 1332 Waiver Concept Paper, March 2017

Iowa "Stopgap" proposal, June 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


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

-- General Ducrot at Sedan, September 1, 1870