Abigail Moncrieff

Peter Paul Career Development Professor
Associate Professor of Law

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Education:

B.A., cum laude, Wellesley College
J.D., with honors, University of Chicago Law School

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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… Read more

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.

In the Media

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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 […]

  • 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: […]

  • Cheap solutions to Obamacare challenge could work: Experts

    July 24, 2014

    CNBC.com Abigail Moncrieff, School of Law “Ambiguous” language in the Affordable Care Act threatens the subsidies of millions of people who bought insurance on the federal Obamacare health exchange… Expert quote: “There’s no definition of what ‘established by the state means.” View full article

  • Millions of Obamacare enrollees could pay billions more

    July 17, 2014

    CNBC.com Abigail Moncrieff, School of Law The Affordable Care Act could get a whole lot less “affordable” for almost 5 million people if the Obama Administration loses this court fight. Nearly 90 percent of people who bought insurance plans on HealthCare.gov receive subsidies and will face an average increase in their premiums of a whopping 76 […]

  • Federal judge backs Obamacare subsidies in win for administration

    January 15, 2014

    Washington Times Abigail Moncrieff, School of Law A federal judge ruled Wednesday that the administration can pay subsidies to all deserving Obamacare enrollees, no matter who runs the exchanges they enrolled in — delivering a significant win to President Obama and preventing opponents from poking a major hole in his signature law… Expert quote: “This […]

  • Medicaid preference could strap states under Obamacare

    November 4, 2013

    Washington Times Abigail Moncrieff, School of Law Analysts said the Obamacare publicity would have a “woodwork” effect, and people eligible for Medicaid would take notice of the exchanges and sign up for federal-state entitlements… Expert quote: “The hardest reality about this trend is that the states haven’t budgeted enough for the new enrollees.” View full […]

  • Ginsburg cites BU Law amicus in health care option

    June 29, 2012

    Massachusetts Lawyer Weekly “The Docket Blog” Abigail Moncrieff, School of Law Kevin Outterson, School of Law An amicus brief written with the help of a trio of Boston University Law students was cited in U.S. Supreme Court Justice Ruth Bader Ginsburg’s “Obamacare” opinion that was released Thursday… View article

  • Why did the Supreme Court uphold the Affordable Care Act? BU law professor Abigail Moncrieff explains

    June 28, 2012

    Boston.com “White Coat Notes Blog” By Abigail Moncrieff, School of Law Today, the Supreme Court issued a resounding victory for a century-long effort to create universal health insurance coverage in the United States… View article

  • Supreme Court Ruling On Obama Health Care Law To Have Minimal Impact On Mass.

    June 28, 2012

    WBZ-AM Abigail Moncrieff, School of Law The U.S. Supreme Court will rule Thursday on whether President Obama’s health care law is constitutional… Listen to audio

  • Health care ruling may redefine reaches of federal power

    June 28, 2012

    Boston Globe Abigail Moncrieff, School of Law Thursday’s highly anticipated Supreme Court ruling on President Obama’s signature domestic achievement, a vast expansion of health coverage, will probably energize the 2012 presidential race and may reroute the American health care economy… View article

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