an unanticipated consequence of
Jack M. Balkin
Thursday, March 05, 2015
Federalism and the burden of textual clarity on the challengers in King v. Burwell
I have a new piece at Politico that follows up on the federalism arguments in King v. Burwell , the challenge to the Obamacare subsidies he...
The Secretary of State's E-mails
I have nothing to say about the legalities of Secretary of State Clinton's e-mail practices, except perhaps to note that the reporting ...
Coercion of the States in
--and the federalism canons
In the wake of the oral argument in King v. Burwell yesterday, supporters of the challengers (and even some who support the government’s...
Could the Supreme Court Give Congress and the States Enough Time to Fix Obamacare? Probably Not.
Timothy Jost Yesterday's Supreme Court argument in King v. Burwell went largely according to script. Michael Carvin, cheered on by ...
How a Question from Justice Alito Helps Make the Government’s Case in King v. Burwell
Brianne Gorod Yesterday morning, the Supreme Court heard oral argument in King v. Burwell , the latest challenge to the Affordable C...
Abigail Moncrieff on
King v. Burwell
Sarah Kliff has told the extraordinary story of the employee benefits lawyer who sparked King v. Burwell . Might a federalism-focused amic...
Kennedy's love for federalism saves Obamacare?
Anthony Kennedy loves states’ rights more than he hates Obamacare. Nearly thirty years after he joined the Court, we are still getting to...
Clear Text versus Extra-Textual Considerations: Bond, Noel Canning, and King
For all the textual parsing back and forth at oral argument yesterday in King v. Burwell , the outcome will likely turn on whether ...
Wednesday, March 04, 2015
Dueling Visions of Reality in King v. Burwell
One of the strongest arguments for the government's position in King v. Burwell has been based on consequences: if the Supreme Court den...
Initial Reaction to the Argument
After reading the transcript (and I certainly defer to the impressions of anyone who was actually at the Court today), I have the following ...
Tuesday, March 03, 2015
Why the ACA challenge violates federalism
Simon Lazarus Opponents of the Affordable Care Act have been caught off guard by the possibility that the challenge in King v. Burwell ac...
The "plain meaning" of blogposts and of briefs: A response to Gray, White and Gustafson
Over on the Volokh Conspiracy , C. Boyden Gray, Adam White and Adam Gustafson--the authors of an amicus brief filed on behalf of the Galen ...
Monday, March 02, 2015
"Plain meaning," absurdity, and the (almost forgotten)
federalism canon, in
King v. Burwell
There are over 400,000 words in the Affordable Care Act. The challengers in King v. Burwell rely upon a single one of those words—a simpl...
What are the facts of King v. Burwell?
Steve Brill, who recently wrote an exhaustive--and often critical-- history of the genesis of Obamacare , and who interviewed virtually ever...
King – Obamacare subsidies as textualism’s big test
In November, I participated in a SCOTUSblog symposium on King , the Obamacare case that the Court will hear this week. The case, as I argue...
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