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October 04, 2013


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Kim Krawiec

Wow -- thanks for posting this. I just covered Flynn v. Holder in class a few weeks ago, and was unaware of this new (and, in my view, mistaken) move by HHS. I look forward to hearing your thoughts on this in your next post.

Michelle Meyer

Thanks, Kim; looking forward to your thoughts, too. I agree that this is a mistake, and was somewhat surprised by HHS's move here (although maybe that's naive of me). One has to wonder whether losing in litigation psychologically inclines folks to double down and "win" through regulation instead, policy consequences be damned. The NPRM is like a precis of the government's litigation brief. Luckily for me, I don't teach Flynn for another few weeks (although we already covered Abigail Alliance--as you know, at issue in the Flynn district court's rejection of plaintiffs' SDP argument), so the timing is perfect for me--if not for those suffering and in need of HSC transplants.

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