Brian and I have been jousting on Twitter about the constitutionality of the continuous coverage penalties in the House and Senate repeal-and-replace bills. We thought we’d joust here instead. (This is the friendly sort of…

Republican Senators appear to have forgotten their own success. Provisions of the bills to “repeal and replace” the Affordable Care Act offered by House and Senate Republican leadership both include a “continuous coverage” provision. These rules would require…

[This post was co-authored with Lisa Larrimore Ouellette and cross-posted at Written Description.]

As we explained last week, the full impact of the Supreme Court’s decision in Impression Products v. Lexmark will depend on whether…