New in National Review: “Trump’s Victory Expands the Supreme Court — and Shrinks Its Docket”

November 10th, 2016

After it became clear that Donald Trump would become President, my first though was about the Supreme Court’s docket. (You can tell where my mind was). In the wee hours of election night, as John Podesta told everyone to get some sleep (good luck with that!), I penned a quick post explaining how several of the cases currently on the Court’s docket will fall off. National Review published my new essay, exploring these cases at some length. The long-and-short of it is that all of the cases premised on some form of executive action (whether a policy memorandum, a “Dear Colleague” letter, etc.) will be gone. The Justices got off easy after deadlocking on U.S. v. Texas and Zubik v. Burwell. Those cases will never come back for a complete resolution.

In this piece, I talk about U.S. v. Texas, Zubik v. Burwell, Gloucester County v. GG, the Clean Power Plan litigation, and House of Representatives v. Burwell.

From the introduction:

President Obama’s administration has been defined by executive actions issued in response to congressional gridlock. At every stage, conservatives challenged those actions as violations of the separation of powers, and with the election of Donald J. Trump, each of them can now easily be rescinded. Though the Supreme Court will expand with a Trump nominee to replace Justice Scalia, its docket will get a lot smaller. What Obama’s pen-and-phone giveth, Trump’s Sharpie-and-Twitter will taketh away.

And the conclusion:

More generally, the insurance companies will have to deal with a unified government committed to repealing Obamacare. Because the Affordable Care Act was enacted in 2010 through the reconciliation process to avoid a Republican filibuster, the law can also be repealed through the same process in 2017. I am already planning the final book in my Obamacare trilogy. The first book was titled Unprecedented. The sequel, released last month, is titled Unraveled. The final entry will be called Undone.