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Meaning and Consequences in King v. Burwell
Jack Balkin has made an interesting observation about the argument in King v. Burwell: One of the strongest arguments for the government’s position in King v. Burwell has been based on consequences:...
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Obamacare Meets Rudy
Yesterday’s extended argument in King v. Burwell brought moments of something bordering on joy and gratitude. The exchanges between Justice Elena Kagan and Mike Carvin, both at their very considerable...
View ArticleObamacare Oral Argument: Still a Winner
The following post is written by Bill Levin, a friend and former colleague at the Office of Legal Counsel. Bill has been closely following the King v. Burwell litigation. For his previous posts, see...
View ArticleThe Constitutional Morality of Restraint
Randy Barnett and Ed Whelan have revived the supremacy debate in the wake of the Chief Justice’s opinions in King and Obergefell, with Barnett arguing most recently that judges should be guided by the...
View ArticleMy Reactions to King v. Burwell
I am a strong opponent of Obamacare. But once I realized that a decision in King v. Burwell denying subsidies to people who purchase insurance under the federal exchanges would not help the cause of...
View ArticleGuardians of the New Class
Those of us who believe in the rule of law and limited government are understandably flummoxed by the conclusion of the Supreme Court’s 2014-15 term: in rapid succession, and generally by narrow...
View ArticleBến Tre Revisited (King v. Burwell, Part One)
It may be proper for me to offer some observations on the Supreme Court’s highly consequential decision in King v. Burwell. At a December 2010 presentation at the American Enterprise Institute in...
View ArticleProgressivism, Purposivism, and Historical Contingency
For its lay audience City Journal asked me to explain the King v. Burwell decision, which permitted federal exchanges under the Affordable Care Act to receive subsidies. Within its brief compass, I...
View ArticleThere and Back Again (King v. Burwell, Part Two)
As I wrote in an introductory post for Law and Liberty, the roots of King v. Burwell lay in the humble soil of federal tax law. King interpreted the terms of a provision of the Internal Revenue Code...
View ArticleThe President’s Power to Spend
In House of Representatives v. Burwell, yet another big case arising over the Affordable Care Act, U.S. District Judge Rosemary Collyer has ruled that the administration’s implementation of the Act’s...
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