Fifth Circuit Voids Surprise-Billing Formula, Judge Blocks USPS Mail-In Limits & White House Pushes New Reflecting Pool Charges

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Fifth Circuit Voids Surprise-Billing Formula, Judge Blocks USPS Mail-In Limits & White House Pushes New Reflecting Pool Charges

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This Day in Legal History: Andrew Johnson Suspends Secretary StantonOn August 12, 1867, President Andrew Johnson suspended Edwin Stanton, his Secretary of War, and installed General Ulysses S. Grant to run the department temporarily. It was a quiet-sounding personnel move that lit the fuse on one of the great constitutional confrontations in American history—and it turned on a question we still argue about: how much control a president has over the officials who serve beneath him.The context was Reconstruction. Stanton was a close ally of the Radical Republicans in Congress, and as Secretary of War he controlled the Army’s presence across the defeated South, including the Freedmen’s Bureau—making him essential to Congress’s plans to remake the region and protect the newly freed. Johnson, who bitterly opposed that agenda, wanted Stanton gone. But Congress had anticipated exactly this: it had passed the Tenure of Office Act, which barred the president from removing a Senate-confirmed cabinet officer without the Senate’s consent. Johnson, trying to thread the needle while Congress was in recess, suspended Stanton rather than firing him outright. When the Senate later refused to concur and Johnson removed Stanton anyway in early 1868, the House impeached him—and he survived removal in the Senate by a single vote.The significance of August 12, 1867 reaches all the way to the present. The Tenure of Office Act was eventually repealed and, decades later, the Supreme Court in Myers v. United States suggested it had been unconstitutional all along, endorsing a robust presidential removal power—the same removal-power debate that traces back to the very first Congress and runs through today’s fights over the independence of agencies and prosecutors. Johnson’s clash with Stanton is the original American showdown over whether a president can be checked in the control of his own executive branch. And on a day when we’ve got a story about the White House leaning on the Justice Department, that 159-year-old question feels remarkably current.A federal appeals court has thrown out the government formula at the heart of the law meant to protect patients from surprise medical bills—handing a significant win to doctors and hospitals over insurers. Sitting en banc, all seventeen judges of the Fifth Circuit issued an unsigned opinion mostly siding with physicians and air-ambulance companies, and invalidating a federal rule as going beyond what Congress actually authorized in the No Surprises Act. Here’s how this works, because it’s less about patients than it sounds. The No Surprises Act protects you, the patient—if you get care from an out-of-network provider in an emergency, you only owe your normal in-network cost-sharing. The fight is over who pays the rest: the insurer or the provider. That gets decided in arbitration, and the key benchmark is something called the “qualifying payment amount,” or QPA. Whoever controls how the QPA is calculated basically controls who wins. The court found that federal agencies had let insurers game that number—by baking in so-called “ghost rates,” contracted amounts for services that providers never actually deliver, which dragged the benchmark down in insurers’ favor—and by improperly excluding bonus and incentive payments. The significance is twofold. Substantively, it rebalances a high-stakes payment fight away from insurers and toward providers. But the deeper theme is administrative law: this is a court holding that agencies rewrote a statute to favor one side beyond what Congress wrote—exactly the kind of post-Chevron scrutiny of agency rulemaking we’ve been tracking all summer. The patient protections stay; the multibillion-dollar question of who pays just got sent back to the drawing board. US appeals court voids formula used to avert surprise medical bills | ReutersAmerican Medical Association · Bloomberg LawA federal judge has blocked the U.S. Postal Service nationwide from enforcing the mail-in voting restrictions in President Trump’s executive order—and if this story sounds familiar to longtime listeners, it should. U.S. District Judge Indira Talwani in Boston expanded an order she first issued in June, which had covered 23 states, into a nationwide injunction. Under the executive order, the Postal Service was supposed to gather state lists of eligible voters and deliver absentee ballots only to people on those lists; Talwani’s ruling bars USPS from refusing to deliver mail ballots based on those new federal verification requirements. Her reasoning is the same principle we keep coming back to: the executive branch, she wrote, has no authority to regulate elections—that power belongs to the states under the Constitution. And she stressed the timing, noting it’s now less than 90 days before the November 3 midterms, which makes it especially important not to let the federal government change election rules on the eve of ...

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