Who Will Pay If ACA Tax Credits Lapse? – MedCity News

It’s
been
a
week
since
the
nation’s
longest-ever
government
shutdown
ended,
but
millions
of
Americans
still
don’t
know
whether
they’ll
be
able
to
afford
their
healthcare
coverage
next
year.

The
shutdown
finally
ended
November
12
when
a
funding
bill
was

signed
into
law
.
Notably
absent
from
the
law
was
any
extension
of
the
enhanced

Affordable
Care
Act
(ACA)
subsidies

that

24
million

Americans
rely
on
to
keep
their
premiums
somewhat
affordable.

Enhanced
ACA
tax
credits
were
introduced
during
the
pandemic
to
expand
healthcare
affordability,
and
they
are
set
to
expire
at
the
end
of
this
year
if
Congress
doesn’t
act. 

This
year,

93%

of
ACA
marketplace
enrollees
received
the
tax
credits.
For
many,
these
expanded
subsidies
have
meant
the
difference
between
affording
routine
care
for
themselves
and
their
loved
ones
and
skipping
these
visits
entirely.

Experts
say
that
the
expiration
of
these
subsidies
wouldn’t
just
push
coverage
out
of
reach
for
millions
of
Americans

it
could
also
create
significant
challenges
for
hospitals
already
battling
financial
pressures,
as
well
as
potentially
hurt
the
economy
at
large. 

Overall,
healthcare
leaders
have
a
number
of
concerns
about
what
could
happen
if
Congress
doesn’t
renew
the
expanded
tax
credits

premiums
could
increase,
a
larger
share
of
Americans
could
become
uninsured,
hospitals
could
be
forced
into
more
bad
debt
and
uncompensated
care,
and
most
worrisome,
American
public
health
would
further
deteriorate.


Soaring
premiums
could
be
on
the
horizon

When
the
ACA
health
insurance
marketplaces
launched
in
2014,
tax
credits
went
into
effect
to
make
coverage
more
affordable
for
individuals
and
families.
These
tax
credits

which
are
based
on
ACA
shoppers’
income
and
household
size

were
later
expanded
temporarily
under
the
American
Rescue
Plan
Act
in
2021,
and
then
extended
again
through
the
Inflation
Reduction
Act
in
2022.
As
a
result,
people
received

l
arger
subsidies
and
eligibility
criteria​
was
broadened.

When
the
marketplaces
were
first
established,
the
government

provided
subsidies

to
people
earning
100-400%
of
the
federal
poverty
level,
and
individual
premium
contributions
ranged
from
2.07-9.83%
of
their
income.

The
American
Rescue
Plan
Act
and
its
extension
under
the
Inflation
Reduction
Act

boosted

these
subsidies
by
lowering
premium
contributions
to
0-8.5%
of
income
and
approved
$0
premiums
for
people
earning
100–150%
of
the
federal
poverty
level.
The
changes
introduced
during
the
pandemic
also
allowed
Americans
earning
above
400%
of
the
federal
poverty
level
to
qualify
for
subsidies
if
premiums
exceeded
8.5%
of
their
income.

These
credits
have
played
a
key
role
in
reducing
the
country’s
uninsured
rate

last
year,
the
national
uninsured
rate
reached
an
all-time
low
of

7.9%
.

The
expiration
of
enhanced
tax
credits
would
turn
a
$460/month
premium
to
a
$700/month
premium
for
a
family
of
four,
said
ACA
marketplace
enrollee
Shana
Verstegen,
during
a
media
call
hosted
by
nonprofit
advocacy
group

Keep
Americans
Covered

She
is
a
small
business
employee
at
a
gym
in
Madison,
Wisconsin,
along
with
her
husband.
They
rely
on
ACA
marketplace
coverage
for
themselves
and
their
two
children.

“Seven
hundred
dollars
per
month
in
2026
may
seem
like
a
small
number,
but
that’s
over
$2,500
a
year.
Right
now,
our
family
would
really
struggle
with
that

losing
that
tax
credit
would
create
a
real
crisis
for
us,”
Verstegen
remarked.

She
said
she
and
her
husband
have
discussed
the
possibility
of
him
leaving
the
job
he
has
loved
for
decades
to
secure
employer-based
coverage.
Not
only
is
this
a
difficult
and
emotionally
painful
decision,
it’s
also
one
that
needs
to
be
made
under
a
severe
time
crunch,
Verstegen
noted. 

Open
enrollment
for
2026
ACA
coverage
is
already
underway,
with
deadlines
approaching.
Enrollment
must
be
completed
by
mid-December
for
coverage
starting
January
1,
leaving
little
time
for
families
like
the
Verstegens
to
adjust.

She
described
this
time
as
a
“really
tough
and,
quite
frankly,
scary”
moment
for
her
family.

“This
isn’t
about
politics
and
polling,
or
winners
and
losers
in
Congress,
or
red
or
blue
or
purple
states.
It’s
about
real
families
and
real
kids

real
people
who
need
healthcare.
Marketplace
coverage
and
the
premium
tax
credits
are
essential
for
entrepreneurs
and
small
business
employees
like
myself
to
afford
healthcare,”
Verstegen
declared.


Can
hospitals
handle
another
financial
hurdle?

About
22
of
the
24
million
people
who
have
ACA
insurance
will
see
their
premiums
double
if
the
tax
credits
expire,
and
5
million
are
expected
to
lose
coverage
completely,
said
Charlene
MacDonald,
executive
vice
president
of
public
affairs
at
the

Federation
of
American
Hospitals
.

When
coverage
erodes,
hospitals’
levels
of
uncompensated
care
go
up. 

MacDonald
said
hospitals
are
bracing
for
a
significant
uptick
in
uncompensated
care

especially
in
states
that
haven’t
expanded
Medicaid
coverage,
as
private
marketplace
plans
are
an
especially
critical
source
of
coverage
in
those
areas.

“Hospitals
treat
all
patients
who
come
through
their
doors
regardless
of
their
insurance
or
their
ability
to
pay

but
those
costs
don’t
disappear.
They
shift
back
onto
hospitals,
employers
and
taxpayers,”
she
explained.

This
strain
will
affect
all
healthcare
providers,
but
rural
and
safety
net
hospitals
will
be
hurt
the
most.
These
providers
tend
to
have
lower
patient
volumes
and
a
greater
share
of
patients
on
Medicaid
and
Medicare,
both
of
which
reimburse
hospitals
at
a
lower
rates
and
often
fail
to
cover
the
full
costs
of
providing
care,
MacDonald
added.

For
many
of
these
vulnerable
hospitals,
the
loss
of
the
ACA
tax
credits
isn’t
just
another
financial
hurdle
— 
it’s
a
threat
to
service
lines
and,
in
some
cases,
their
long-term
viability,
she
stated.

“When
coverage
declines,
the
impact
shows
in
reduced
access
for
patients
and
diminished
capacity
in
the
healthcare
system.
Hospitals
facing
higher
levels
of
uncompensated
care
are
forced
to
make
difficult
choices
to
sustain
a
community’s
access
to
24/7
care,
whether
that’s
scaling
back
services
or
delaying
investments
that
improve
quality
and
access
for
patients,”
MacDonald
remarked.

She
also
noted
that
higher
rates
or
uncompensated
care
can
reduce
hospitals’
ability
to
offer
competitive
wages,
which
exacerbates
healthcare’s
workforce
crisis.


The
broader
economy
could
take
a
hit,
too

The
expiration
of
ACA
enhanced
subsidies
could
also
have
a
negative
effect
on
the
broader
economy.

Julio
Fuentes,
CEO
of
the

Florida
Hispanic
Chamber
of
Commerce
,
warned
that
the
additional
healthcare
costs
from
the
credit’s
expiration
could
force
small
business
owners
to
make
“decisions
that
really
no
one
wants
to
make”

such
as
delaying
hiring,
raising
customer
prices
and
cutting
employee
hours.

Even
though
these
small
business
owners
don’t
sponsor
their
employees’
insurance,
they
often
cannot
afford
to
absorb
sudden
spikes
in
personal
healthcare
costs
without
cutting
hours
or
staff.

“This
is
a
main
street
crisis.
It’s
certainly
not
a
Wall
Street
problem,
by
no
means.
The
first
people
who
feel
this
pain
are
the
ones
who
keep
our
communities
running

you’re
talking
about
the
landscapers
with
five
employees,
the
woman
who
runs
a
small
cleaning
business,
the
contractor
who
depends
on
a
handful
of
subcontractors,”
he
explained.

Economists

estimate

that
allowing
ACA
tax
credits
to
expire
would
lead
to
about
286,000
job
losses,
as
well
as
reduce
the
country’s
GDP
by
$34
billion.

Those
estimates
come
from

the
Commonwealth
Fund

and
the

George
Washington
University
Milken
Institute
School
of
Public
Health
.
Their
teams
first
calculated
how
much
federal
spending
on
enhanced
ACA
tax
credits
would
disappear
if
the
subsidies
expired

roughly
$26
billion
next
year
alone. 

That
reduction
in
spending
affects
not
only
households

but
also
providers
and
payers,
who
would
see
lower
revenues
as
a
result
of
fewer
people
being
able
to
afford
coverage.
About

10%
of
Americans

are
employed
in
the
healthcare
sector

so
putting
financial
pressure
on
industry
will
inevitably
lead
to
a
wave
of
job
losses,
the
researchers
explained.

The
researchers
used
an
input-output
model
to
estimate
the
broader
effects
on
the
economy

accounting
for
direct
impacts,
like
providers
losing
income
and
laying
people
off,
and
indirect
effects,
such
as
decreased
lifestyle
spending
by
families.  


Time
is
running
out

Some
lawmakers,
including
Senator
Bill
Cassidy
(R-Louisiana),
have

floated

the
idea
of
replacing
the
ACA
premium
tax
credits
with
other
mechanisms,
like
pre-funding

Health
Savings
Accounts
(HSAs)
.
They
are
curious
as
to
whether
directing
funds
straight
to
individuals
could
increase
efficiency
and
reduce
overhead.

“Is
there
anybody
who
would
not
want
to
take
a
large
portion
of
that,
which
we’re
using
to
help
Americans
purchase
healthcare,
and
give
it
directly
to
the
individual,
so
that
100%
of
its
used
to
purchase
healthcare,
as
opposed
to,
as
opposed
to
giving
that
money
to
the
insurance
company,
of
which
20%
goes
for
profit
and
overhead?”
Cassidy,
who
is
chair
of
the
Senate
Committee
on
Health,
Education,
Labor
and
Pensions,
as
during
a
Monday
hearing.

This
approach
would
be
impractical,
according
to
Lauren
Aronson,
executive
director
of
Keep
Americans
Covered. 

She
pointed
out
that
this
could
cost
the
federal
government
more
than
simply
extending
the
tax
credits,
and
there
isn’t
enough
time
to
implement
a
whole
new
system.

“If
you
were
to
theoretically
pre-fund
an
HSA
that
would
very
likely
cost
more
federal
dollars
than
the
cost
of
extending
the
tax
credits
themselves.
You’d
have
to
pre-fund
between
$1,500
and
$6,000
per
year.
Then
thinking
about
it
operationally,
plans
would
have
to
then
refile
rates
and
put
new
high
deductible
health
plan
offerings
into
the
market
for
2026

there’s
no
time
to
do
that
between
now
and
January
1,”
Aronson
explained.

She
said
that
the
ACA’s
current
design

applying
credits
directly
to
monthly
premiums

is
essential
for
keeping
coverage
affordable
in
real
time
for
middle-class
families.

Senators
from
both
parties
are
forming
working
groups
to
address
the
issue,
but
there
hasn’t
yet
been
a
public
hearing
or
vote
on
extending
the
ACA
premium
tax
credits,
despite
the
looming
healthcare
affordability
crisis.

Aronson
emphasized
that
immediate
action
is
needed
to
prevent
the
crisis
from
occurring. 


Photo:
krisanapong
detraphiphat,
Getty
Images

Law Students Can Sometimes ‘Buy’ Good Grades – Above the Law

Grades
in
law
school
are
extremely
important
since
they
are
the
most
critical
factor
when
law
graduates
search
for
jobs
upon
entering
the
legal
profession. Most
law
schools
have
grading
curves,
which
can
be
unforgiving,
as
a
law
student’s
grade
is
often
dependent
on
their
performance
on
a
single
final
exam. At
certain
law
schools,
however,
law
students
can
employ
certain
strategies
to
earn
higher
grades
and
boost
their
GPAs. Most
of
these
strategies
are
only
available
to
wealthier
students,
since
such
tactics
may
require
law
students
to
spend
more
money
than
they
normally
would
pursuing
a
law
degree.

At
some
law
schools,
summer
classes,
or
perhaps
classes
between
semesters,
are
a
solid
way
to
boost
one’s
GPA.
Some
law
schools
do
not
apply
the
law
school
curve
to
classes
that
contain
a
small
number
of
students. The
reasoning
behind
this
policy
may
involve
the
difficulty
in
comparing
the
smaller
numbers
of
law
students
in
classes
offered
during
the
summer
or
between
semesters. In
addition,
during
such
times,
law
students
may
have
fewer
classes,
so
they
can
devote
more
time
to
their
studies
and
obtain
a
higher
grade.
Since
the
grading
curve
does
not
apply
to
such
classes,
and
fewer
students
are
in
such
classes,
professors
may
be
more
likely
to
award
higher
grades
in
such
classes.

However,
law
students
usually
need
to
spend
extra
money
to
take
classes
or
courses
offered
between
semesters. Some
law
students
might
have
a
difficult
time
paying
for
credits
during
the
normal
academic
term
and
are
unable
to
devote
more
money.
Financial
aid
and
scholarships
may
also
not
cover
classes
that
are
taken
outside
of
the
normal
academic
term.
Also,
taking
classes
during
the
summer
may
take
law
students
away
from
internships
and
other
job
opportunities
that
might
be
important
to
include
on
a
resume
when
looking
for
employment
opportunities
after
graduation.
If
law
students
have
the
financial
resources
and
scheduling
flexibility
to
take
such
classes,
they
can
have
a
better
chance
at
earning
higher
grades
and
boost
their
GPA.

Some
law
schools
offer
study-abroad
programs
through
which
law
students
can
take
classes
at
foreign
universities.
I
have
little
familiarity
with
such
programs,
but
I
have
heard
that
such
courses
might
not
be
graded
on
a
curve
in
the
same
way
as
ordinary
law
school
courses,
and
in
some
instances,
such
grades
might
be
reflected
on
a
law
student’s
GPA.
Even
if
the
grades
from
study-abroad
courses
are
not
reflected
in
GPAs,
they
can
help
students
earn
academic
credits
without
hurting
their
GPAs
with
poor
grades.

However,
the
opportunity
of
studying
abroad
during
law
school
is
more
available
to
wealthy
students. Such
programs
are
also
not
typically
covered
by
financial
aid
or
scholarships,
and
law
students
usually
need
to
go
out
of
pocket
or
take
on
onerous
loans
to
pursue
study-abroad
opportunities
if
they
cannot
pay
out
of
pocket. Moreover,
travel
costs
and
living
expenses
in
a
foreign
country
might
be
more
than
a
law
student
might
need
to
spend
attending
ordinary
law
school
classes. As
a
result,
if
the
conditions
are
right,
such
programs
might
offer
the
ability
to
boost
a
law
student’s
GPA
if
a
law
student
can
afford
the
opportunity.

Law
students
often
present
themselves
as
committed
to
ensuring
that
law
students
have
a
fair
chance
to
succeed
in
their
studies
and
attain
the
highest
possible
GPA. However,
some
opportunities
can
help
students
boost
their
GPAs,
and
such
programs
may
be
more
readily
available
to
wealthier
students. Law
schools
should
carefully
review
programs
that
might
be
more
available
to
wealthier
students
to
ensure
that
resourced
students
do
not
have
an
unfair
ability
to
boost
their
law
school
GPAs.




Jordan
Rothman
is
a
partner
of 
The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of 
Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at 
jordan@rothman.law.

Veteran Sports Law Attorneys Are Hitting Biglaw Compensation Home Runs Right Now – Above the Law

(Image
via
Getty)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


There
are
a
few
very
desirable
people
with
these
practices,
and
they
say
they’re
getting
a
massive
amount
of
calls
right
now.





Sabina
Lippman,
managing
partner
of
legal
recruiter
CenterPeak,
in
comments
given
to
the

Sports
Business
Journal
,
concerning
the
number
of
veteran
sports
deal
lawyers with
connections
to
the
Big
Five
sports
leagues.
Lippmann
says
the
total
number
of
these
experienced
attorneys
may
be
“as
few
as
seven,”
and
these
trusted
partners
are
commanding
substantial
salaries
from
Biglaw
firms.





Staci
Zaretsky
 is
the
managing
editor
of
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Stat(s) Of The Week: Midsize Market Gains – Above the Law

Corporate
counsel
are
increasingly
looking
beyond
Biglaw
to
handle
some
of
their
matters,
according
to
a
recent
Above
the
Law
survey.

In
a
survey
of
more
than
500
in-house
attorneys
about
their
outside
counsel,
80%
of
respondents
said
they
regularly
engage
midsize
or
regional
law
firms
(as
opposed
to
Am
Law
200
or
other
large
law
firms)
for
certain
kinds
of
work,
particularly
routine
matters
and
“cost-efficient,
bulk
tasks.”
Nearly
half
(48%)
also
turn
to
midsize
and
regional
firms
for
“high-value,
complex
matters.”

Moreover,
35%
of
in-house
counsel
said
they
have
shifted
work
from
large
firms
to
midsize
or
smaller
firms
in
the
last
year,
and
32%
expect
to
move
work
from
large
firms
over
the
next
year.

Reasons
for
turning
to
smaller
firms
include
that
they
are
more
cost-effective
(87%),
more
agile
and
responsive
(48%),
and
they
offer
more
personalized
attention
(45%).

Stay
tuned
for
more
results
from
our
2025
Outside
Counsel
Survey
in
the
coming
weeks.

Biglaw Firm Announces Bonus Dollars Will Hit Associates’ Wallets Before The Year Is Over! – Above the Law

Another
Biglaw
firm
has
joined
the
bonus
train,
and
this
time
it’s
Skadden!
The
top
tier
law
firm
reported
$3,669,042,000
gross
revenue
in
2024
gross
revenue
and
profits
per
equity
partner
of
$6,049,000
according
to
the
most
recent
Am
Law
100.
When
you’re
making
that
much
cash,
its
easy
to
spread
the
wealth
around!
Here’s
the
scale:

All
of
the
firm’s
United
States
associates
can
expect
the
bonus
money
to
be
paid
on
December
15th.
That
still
gives
you
enough
time
to
buy
some
nice
Subway
gift
cards
as
stocking
stuffers
before
the
holidays
roll
around.
If
you
aren’t
interested
in
going
the
sandwich
route,
maybe
you
can
buy
them

a
nonfiction
book
from
our
nicely
curated
list

instead?
Whether
it’s
food
for
thought
or
food
for
food,
it
should
be
the
thought
that
counts
at
the
end
of
the
day.

We
like
hearing
about
bonuses
almost
as
much
as
you
enjoy
spending
them.
As
soon
as
your
firm’s
memo
comes
out,
please email
it
to
us

(subject
line:
“[Firm
Name]
Bonus”)
or
text
us
(646-820-8477).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Salary
&
Bonus
Alerts,
please
scroll
down
and
enter
your
email
address
in
the
box
below
this
post.
If
you
previously
signed
up
for
the
bonus
alerts,
you
don’t
need
to
do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
bonus
announcement
that
we
publish.



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
to
swim, is
interested
in
critical
race
theory,
philosophy,
and
humor,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected]
and
by
tweet
at @WritesForRent.

Lawyering With Empathy – Above the Law

In
this
episode,
I
chat
with

Farid
Yaghoubtil
,
founding
partner
of
DTLA
Law
Group.
Discover
Farid’s
journey
from
fleeing
Iran
to
empowering
the
underrepresented
through
law.
His
passion
for
justice,
client-focused
approach,
and
the
challenges
of
balancing
ideals
with
firm
management
make
it
a
must-listen
for
aspiring
lawyers
and
entrepreneurs.
Tune
in
to
catch
Farid’s
inspiring
stories
and
insightful
advice
on
staying
true
to
your
mission.


Episode
Highlights

  • Decision
    to
    pursue
    law
    due
    to
    childhood
    injustice.
  • Balancing
    ideals
    and
    legal
    system
    realities.
  • Motivation
    behind
    starting
    a
    law
    firm.
  • Challenges
    of
    running
    a
    legal
    business.
  • Importance
    of
    organization
    and
    hiring
    in
    business
    success.
  • Leading
    with
    empathy
    in
    law
    practice.
  • Avoiding
    burnout
    through
    gratitude
    and
    meaningful
    connections.
  • Inspiring
    story:
    Helping
    a
    child
    in
    a
    lead
    exposure
    case.
  • The
    value
    of
    listening
    to
    clients.
  • A
    personal
    approach
    over
    transactional
    lawyering.
  • Building
    client
    relationships
    for
    sustained
    growth.

The
Jabot
podcast
is
an
offshoot
of
the
Above
the
Law
brand
focused
on
the
challenges
women,
people
of
color,
LGBTQIA,
and
other
diverse
populations
face
in
the
legal
industry.
Our
name
comes
from
none
other
than
the
Notorious
Ruth
Bader
Ginsburg
and
the
jabot
(decorative
collar)
she
wore
when
delivering
dissents
from
the
bench.
It’s
a
reminder
that
even
when
we
aren’t
winning,
we’re
still
a
powerful
force
to
be
reckoned
with.

Happy
listening!




Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Ken Paxton’s Tylenol Lawsuit Is Off To A Terrible Start – Above the Law

(Photo
by
Kevin
Carter/Getty
Images)

Ken
Paxton’s bullshit
lawsuit
 against
the
makers
of
Tylenol,
built
on
Trump
and
RFK
Jr.’s
bullshit
press
conference
in
which
they
pretended
that
science
says
acetaminophen
causes
autism,
is
off
to
a
predictably
bad
start.
I
had
a
bit
of
a
laugh
shortly
after
this
turd
was
filed,
mainly
because
Kennedy
himself
came
out
after
the
lawsuit
was
filed
to
walk
back
the
claims
made
in
the
press
conference
and
acknowledged
that
all
that
science
he
and
Trump
cited
“is
not
sufficient
to
say
it
definitely
causes
autism.”
And,
while
Trump
repeatedly
instructed
women
to
not
take
Tylenol
while
pregnant,
a
stance
medical
professionals
overwhelmingly
disagree
with,
Kennedy
instead
said
women
should
consult
with
their
doctors
on
its
use.

Well,
it’s
early
on
in
this
nonsense,
but Paxton
has
already
lost
on
two
requests
 he
made
as
part
of
it.


A
Texas
Judge
has
rejected a
request
 from
Texas
Attorney
General
Ken
Paxton
to
issue
a
temporary
order
barring
Tylenol’s
maker,
Kenvue,
from
claiming
amid
litigation
that
the
pain
and
fever
medication
is
safe
for
pregnant
women
and
children,
according
to
court
documents.


In
records
filed
Friday,
District
Judge
LeAnn
Rafferty,
in
Panola
County,
also
rejected
Paxton’s
unusual
request
to
block
Kenvue
from
distributing
$400
million
in
dividends
to
shareholders
later
this
month.

Now,
it’s
important
to
acknowledge
that
Paxton
is
simply
doing
performative
MAGA
bullshit
with
this
lawsuit.
He’s
running
for
the
Senate
seat
currently
held
by
John
Cornyn,
who
is
also
seeking
reelection.
Wesley
Hunt
joins
them
to
compete
in
the
Republican
primary
for
the
seat.
All
of
these
men
are
simply
attempting
to
out-MAGA
one
another.

The
TRO
request
to
keep
Kenvue,
current
makers
of
the
Tylenol
brand,
from
stating
that
its
product
is
safe
for
use
by
pregnant
women
and
children,
was
always
absurd.
But
it
was
made
all
the
more
so
when
Kennedy
walked
back
his
press
conference
claims.
Judge
Rafferty
noted
that
she:


…denied
the
marketing
claim,
which
even
the
Trump
administration
is
not
standing
by.
The
day
after
Paxton
filed
his
lawsuit, Kennedy
said
 that
“the
causative
association…
between
Tylenol
given
in
pregnancy
and
the
perinatal
periods
is
not
sufficient
to
say
it
definitely
causes
autism.”

Like
I
said
in
my
previous
post
on
this:
very
funny.

As
for
the
dividend
disbursement,
for
which
Paxton
relies
on
a
Texas
law
preventing
companies
giving
out
such
funds
if
they
are
about
to
become
financially
insolvent,
the
court
simply
didn’t
have
jurisdiction
to
issue
any
such
order.



According
to
Reuters
,
one
of
Kenvue’s
lawyers,
Kim
Bueno,
explained
that
the
problem
with
the
state
of
Texas
making
this
request
is
that
Kenvue
is
based
in
New
Jersey
and
incorporated
in
Delaware.
“There
was
no
jurisdiction
to
challenge
that,”
she
said.

All
this
flailing
about
would
be
merely
unbecoming,
except
that
Paxton
is
a
damned
state
AG.
He
should,
and
likely
does,
know
better
than
all
of
this.
As
I
said
before,
this
is
performative
nonsense
designed
to
do
nothing
more
than
gain
primary
votes
in
a
Senate
race.

But
in
today’s
political
climate,
you
can
see
just
how
much
chaos
can
be
generated
by
an
ignoramus
like
RFK
Jr.


Ken
Paxton’s
Tylenol
Lawsuit
Is
Off
To
A
Terrible
Start


More
Law-Related
Stories
from
Techdirt:


Trump
Attacks
Leave
U.S.
Cybersecurity
Agencies
Hollowed
Out
And
Managed
By
Useless
Zealots


Trump’s
Own
Judges
Easily
Reject
His
Bonkers
Lawsuit
Against
CNN
For
Calling
His
Big
Lie
A
‘Big
Lie’


Cities
Shut
Down
Flock
Camera
Networks
Following
Improper
Access
By
Federal
Agencies

Top Biglaw Firm Matches Market Bonus Scale While Praising Associates – Above the Law

One
by
one,
Biglaw
firms
continue
to
fall
in
line
to
match
what’s
now
been
recognized
as
the

market
bonus
scale
as
blessed
by
Cravath
.

The
latest
firm
to
do
so
is
none
other
than
Debevoise
&
Plimpton,
which
brought
in
$1,623,000,000
gross
revenue
in
2024,
and
it’s
a
straight
match.

“On
behalf
of
all
of
the
partners,
thank
you
for
your
dedication
to
our
clients
and
the
Firm,
your
outstanding
client
service,
and
your
commitment
to
impactful
pro
bono
work
that
has
benefited
our
communities
and
society,”
presiding
partner
Peter
Furci
and
deputy
presiding
partner
Nicole
Mesard
wrote
in
a
memo
to
all
attorneys
at
the
firm.
“You
represent
Debevoise
at
its
finest.”

Take
a
look
at
what
the
scale
looks
like
at
the
firm:

Year-end
bonus
Special
bonus
Class
of
2025
$15,000
(pro
rated)
$6,000
(pro
rated)
Class
of
2024
$20,000 $6,000
Class
of
2023
$30,000 $10,000
Class
of
2022
$57,500 $15,000
Class
of
2021
$75,000 $20,000
Class
of
2020
$90,000 $25,000
Class
of
2019
$105,000 $25,000
Class
of
2018
and
senior
$115,000 $25,000

Congratulations
to
everyone
at
Debevoise!

Remember
everyone,
we
depend
on
your
tips
to
stay
on
top
of
compensation
updates,
so
when
your
firm
announces
or
matches,
please
text
us
(646-820-8477)
or email
us
 (subject
line:
“[Firm
Name]
Bonus/Matches”).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Bonus
Alerts
(which
is
the
alert
list
we
also
use
for
salary
announcements),
please
scroll
down
and
enter
your
email
address
in
the
box
below
this
post.
If
you
previously
signed
up
for
the
bonus
alerts,
you
don’t
need
to
do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
bonus
announcement
that
we
publish.
Thanks
for
your
help!





Staci
Zaretsky
 is
the
managing
editor
of
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on Lin

How Appealing Weekly Roundup – Above the Law



Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“An
immigration
court
error
6
years
ago
could
lead
to
release
of
Kilmar
Abrego
Garcia;
A
judge
said
the
Trump
administration’s
bid
to
deport
the
Salvadoran
man
could
be
tripped
up
by
2019
‘mistake’”:
 Josh
Gerstein
of
Politico
has this
report
.


“Home
inseminations
and
gray
market
sperm:
Florida
Supreme
Court
case
meets
DIY
fertility;
Daunted
by
costs,
some
hopeful
parents
are
stepping
into
a
fertility
world
with
few
guardrails.”
 Christopher
Spata
of
The
Tampa
Bay
Times
has this
report
.


“Appeals
Court
Blocks
Release
of
Hundreds
of
Chicago-Area
Immigration
Detainees;
The
order
temporarily
halts
a
federal
judge’s
call
to
release
several
hundred
people
arrested
during
the
Trump
administration’s
immigration
crackdown
in
Illinois”:
 Mitch
Smith
of
The
New
York
Times
has this
report
.


“Trump’s
Texas
Gerrymander
Backfire:
A
GOP
plan
to
flip
five
House
seats
loses
in
court;
Now
Democrats
could
come
out
ahead
in
redistricting
nationwide.”
 This
editorial
 will
appear
in
Friday’s
edition
of
The
Wall
Street
Journal.


“Judge
Boasberg
to
resume
contempt
proceedings
over
Alien
Enemies
Act
deportations;
Boasberg
said
he
intends
to
receive
testimony
from
a
DOJ
attorney
who
was
fired
in
April
and
has
since
accused
his
superiors
of
flouting
court
orders
related
to
the
deportation
flights”:
 Kyle
Cheney
and
Josh
Gerstein
of
Politico
have this
report
.


“Congratulations
To
The
2026
Bristow
Fellows:
Harvard
and
Stanford
Law
continue
to
excel
at
sending
their
graduates
into
these
prestigious
fellowships
at
the
Office
of
the
Solicitor
General.”
 David
Lat
has this
post
 at
his
“Original
Jurisdiction”
Substack
site.

DOJ Charges Law Student In ‘Trump Whore’ Kidnapping Hoax – Above the Law

One
of
the
keys
to
surviving
law
school
is
getting
really
good
at
time
management
skills.
If
you
can
squeeze
more
than
eating,
sleeping,
and
studying
into
your
schedule,
you’re
just
asking
for
a
reality
check.
In
an
extreme
example
of
a
law
student
having
too
much
damned
time
on
her
hands,
her
extracurricular
activities
have
her
facing
criminal
charges.

Remember:
the
first
rule
of
false
flagging
is
that
if
you
think
you’re
smart
enough
to
get
away
with
it,
you
probably
haven’t
been
studying
Crim
Law
hard
enough.


New
Jersey
Globe

has
coverage:

A
26-year-old
Ocean
City
woman
who
claimed
she
was
brutally
assaulted
because
she
worked
for
Rep.
Jeff
Van
Drew
(R-Ocean
City)
instead
orchestrated
the
entire
incident

paying
a
scarification
artist
to
wound
her
and
staging
the
scene
with
zip
ties
and
“Trump
Whore”
written
on
her
stomach
and
“Van
Drew
is
a
racist”
on
her
back,
federal
prosecutors
alleged
today.

Natalie
Greene,
a
Rutgers
law
student,
allegedly
concocted
the
hoax
in
July,
with
an
accomplice
making
a
late-night
911
call
to
report
that
she
had
been
ambushed
by
three
men
on
a
nature
trail
in
Egg
Harbor
Township. 
Police
officers
found
Greene
bound
with
black
zip
ties,
her
shirt
pulled
over
her
head,
and
the
political
slurs
scrawled
across
her
torso. 
She
told
police
that
her
supposed
attackers
had
a
gun
and
threatened
to
shoot
her,
and
struck
her
in
the
head.

Prosecutors
say
nearly
every
detail
was
fabricated.

Oh
look,
she
did
the
thing!

If
there
was
any
risk
that
she
was
actually
attacked,
I’d
avoid
posting
the
photos
but
I
think
that
it’s
fair
game
to
see
the
lengths
she
was
willing
to
go
to
now
that
there’s
strong
evidence
that
she
was
just
LARPing:

Investigators
should
have
realized
something
was
off
once
they
noticed
that
the
attacker’s
wounds
looked
like
they
were
made
by
a
cat
with
a
strong
fascination
with
symmetrical
lines.
I
mean
really,
an
extended
knife
attack
with

no

stab
wounds
or
deep
gashes?
The
only
way
something
like
this
would
happen
without
being
staged
is
if
you
pissed
off
a
pit
master
who
just
got
finished
prepping
his
pulled
pork.

Wait,
I
probably
shouldn’t
be
giving
people
any

bear
claw
fraud
ideas
.

After
the
investigation
started,
they
found
extra
matching
zip
ties
in
the
“victim’s”
car,
along
with
video
footage
of
her
going
to
buy
zip
ties
from
a
dollar
store.
It
also
didn’t
help
that
her
stories
didn’t
match
up
with
her
co-conspirator.
You’d
think
a
law
student
and
her
accomplice
would
be
better
about
memorizing
the
details
of
a
fact
pattern
before
the
big
cold
call.

Greene
was
charged
with
one
count
of
conspiracy
to
convey
false
statements
and
hoaxes
and
one
count
of
making
false
statements
to
federal
law
enforcement.
And
while
I’m
no
doctor,
I
hope
that
she
gets
whatever
mental
health
issues
addressed
that
made
her
think
doing
this
was
a
good
idea

there
have
to
be
better
ways
of
explaining
away
a
regrettable
$500
body
modification
than
going
full
Jussie
Smollett.


Ex-Van
Drew
Staffer
Staged
Fake
Attack,
Writing
‘Trump
Whore’
Across
Her
Stomach
And
Alleging
Men
Held
Her
Down
And
Cut
Her
Body

[New
Jersey
Globe]



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
to
swim, is
interested
in
critical
race
theory,
philosophy,
and
humor,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected]
and
by
tweet
at @WritesForRent.