King v. Burwell: What are the consequences?
Short video debate with Michael Cannon and Robert Weiner
Short video debate with Michael Cannon and Robert Weiner
Michael Cannon, Director of Health Policy Studies at the Cato Institute, and Robert N. Weiner, Partner at Arnold & Porter debate the potential consequences of the Court’s ruling concerning whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1321 of the Patient Protection and Affordable Care Act.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Director of Health Policy Studies, Cato Institute
Michael F. Cannon is the Cato Institute’s director of health policy studies. His scholarship spans public health; regulation of clinicians, medical facilities, pharmaceuticals, and medical devices; employer‐sponsored and other private health insurance; Medicare; Medicaid; CHIP; the Veterans Health Administration; medical malpractice litigation; administrative law; international health systems; political philosophy; and more. Cannon is “an influential health‐care wonk” (Washington Post) and “the most famous libertarian health care scholar” (Washington Examiner). Washingtonian magazine named Cannon one of Washington, DC’s “Most Influential People” in 2021, 2022, and 2023.
Cannon has appeared on ABC, Al Jazeera, BBC, CBS, CNN, CNBC, C‑SPAN, Fox News Channel, NPR, and other broadcast media. His articles have appeared in the Wall Street Journal; the New York Times; USA Today; the Washington Post; the Los Angeles Times; SCOTUSBlog; Forum for Health Economics and Policy; JAMA Internal Medicine; Health Matrix: Journal of Law‐Medicine; Harvard Health Policy Review; the Yale Journal of Health Policy, Law, and Ethics; the Journal of Health Politics, Policy and Law; and Quinnipiac Health Law Journal. His latest book is Recovery: A Guide to Reforming the U.S. Health Sector.
Cannon was previously a domestic policy analyst for the U.S. Senate Republican Policy Committee, where he advised the Senate leadership on health, education, labor, welfare, and the Second Amendment. He is a member of the Board of Advisers of Harvard Health Policy Review and the Federalist Society Regulatory Transparency Project’s FDA & Health Working Group.
Cannon holds an MA in economics and a JM in law and economics from George Mason University and a BA in American government from the University of Virginia.
Partner, Arnold & Porter Kaye Scholer LLP
Rob Weiner has significant experience as a trial lawyer, appellate advocate, and legal strategist in complex litigation. He is skilled in developing creative legal approaches to bring cases to a quick, cheap and successful resolution. Mr. Weiner’s long experience representing business and sovereign clients in litigation, and his three tours of duty as a government lawyer, have honed his ability to deal with the regulatory, tactical, and constitutional issues arising when the federal government is, or may become, a party in litigation. From 2010-2012, Mr. Weiner was Associate Deputy Attorney General at the US Department of Justice, where his principal responsibility was to oversee the defense of the Affordable Care Act. He also handled sensitive negotiations with a foreign government involving bank secrecy, and dealt with or headed-off difficult issues across the range of the Department’s matters. Mr. Weiner also has served as Senior Counsel in the White House Counsel’s Office, and as an Associate Independent Counsel. He began his career as a law clerk for The Honorable Henry J. Friendly and for Justice Thurgood Marshall.
At the firm, Mr. Weiner has litigated major administrative and constitutional cases; served as national coordinating and trial counsel in product liability and toxic tort cases; represented clients in media-intensive Congressional regulatory, criminal, and disciplinary investigations; and was lead counsel for the State of Israel in litigation involving national security policies. In addition, clients frequently seek him out to author briefs in the US Supreme Court and other forums.