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Abigail Moncrieff

Peter Paul Career Development Professor Associate Professor of Law at Boston University

Schools

  • Boston University

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Biography

Boston University

Associate Professor Abigail R. Moncrieff focuses her scholarly work on structural governmental barriers to efficiency in healthcare payment and delivery, as well as writing more broadly on structural constitutional law.  Professor Moncrieff has published articles on both federalism and separation of powers, publishing on the major questions exception to Chevron _deference in _Administrative Law Review, on healthcare federalism and separation of powers in Boston University Law Review, and on federalism issues in medical malpractice (and more broadly proposing a concept of “federalization snowballs”) in Columbia Law Review.  Her current project takes a structural view of individual substantive rights in American constitutional law and argues from that structural perspective that substantive due process should protect individual autonomy in healthcare decision-making.  At BUSL, Professor Moncrieff teaches the required first-year Legislation course, the Health Law survey course, and a seminar on Health Care Reform and the Constitution.  Before joining BU, Professor Moncrieff clerked for Judge Sidney R. Thomas on the Ninth Circuit Court of Appeals, and she was a research fellow at Harvard Law School’s Petrie-Flom Center on Health Law Policy, Biotechnology, and Bioethics.  Professor Moncrieff earned her J.D. from University of Chicago Law School in 2006, completed a Fulbright Fellowship on comparative healthcare policy in Switzerland in 2003, and earned her B.A. from Wellesley College in 2002.

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Cases

Justices eye round two in fight over ObamaCare mandate

November 5, 2015

The Hill Abigail Moncrieff, School of Law The Supreme Court is expected to announce as soon as Friday whether it will take up another challenge to ObamaCare’s birth control mandate  — a case that could deliver a second major blow to the health law’s contentious provision in two years… Expert quote: Politically it looks bad.Anytime […]

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High court rejects challenge to Obama health care law

June 25, 2015

Boston Globe (subscription required) Abigail Moncrieff, School of Law The Supreme Court handed President Obama a major political victory Thursday when it rejected a conservative bid to undermine a key element of the Affordable Care Act, saying critics seized on an “implausible’’ argument… Expert quote: “Maybe there will not be any more existential threats to […]

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Latest Supreme Court Ruling on Obamacare Looms

June 16, 2015

HealthDay News Abigail Moncrieff, School of Law Millions of Americans who bought health insurance under Obamacare will soon learn the fate of billions of dollars in federal tax credits that keep their monthly health plan premiums affordable… View full article referencing expert Abigail Moncrieff

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Obama’s Supreme Court gambit

June 11, 2015

The Hill Abigail Moncrieff, School of Law President Obama’s impassioned defense of the Affordable Care Act is riling opponents of the law and drawing accusations he’s trying to bully the Supreme Court… Expert quote: “The justices seemed, in 2012, to be thinking along the lines of, ‘Well this is a big deal, a very complex […]

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Experts Media Alert – SCOTUS to rule on King v. Burwell

June 2, 2015

For the second time in three years, the Supreme Court is set to rule on a question which challenges the Affordable Care Act (ACA). In March, the court heard arguments on the case King v. Burwell, which deals with a unanimous federal appeals court ruling that upheld Internal Revenue Service regulations allowing health-insurance tax credits under the ACA for […]

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Obama Mentor Laurence Tribe Is Pitting Obamacare Supporters Against Environmentalists

April 15, 2015

New Republic Abigail Moncrieff, School of Law On Thursday, representing coal company Peabody Energy, Laurence Tribe will argue in federal court that the EPA’s Clean Power Plan, which would cut the country’s greenhouse gas emissions on a state-by-state basis, might be unconstitutional… View full article quoting expert Abigail Moncrieff

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How argument used against Affordable Care Act might now save it

March 14, 2015

San Francisco Chronicle Abigail Moncrieff, School of Law It would be a historic irony if the argument the U.S. Supreme Court adopted in 2012 to derail federally enforced expansion of Medicaid — leaving nearly 4 million low-income Americans without health coverage — now came to the rescue of government-subsidized insurance for 7.7 million Americans… Expert […]

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Why the Supreme Court Will Rule in Favor of Obamacare

March 3, 2015

The New Republic By Abigail Moncrieff, School of Law On Wednesday, the Supreme Court will hear oral arguments inKing v. Burwell, which will decide whether health insurance subsidies should be available nationwide or only in those 16 states that established exchanges… View full article by expert Abigail Moncrieff

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Experts Media Alert: SCOTUS to hear challenge to Affordable Care Act

November 10, 2014

The Supreme Court will review a unanimous federal appeals court ruling that upheld Internal Revenue Service regulations that allow health-insurance tax credits under the Affordable Care Act for consumers in all 50 states. Opponents argue that most of the subsidies are illegal. The following Boston University professor are available for comment and analysis: Abigail Moncrieff is […]

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SCOTUS pick up of ‘Obamacare’ appeal rooted in cynicism, say legal critics

November 9, 2014

Al Jazeera America Abigail Moncrieff, School of Law Over four years ago, an employee benefits lawyer named Tom Christina volunteered to join a team at his Greenville, South Carolina, law firm tasked with reading through the massive piles of paperwork generated by the recent signing into law of the Patient Protection and Affordable Care Act (ACA)… Expert quote: […]

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