Congress has a “plan” and the Court can understand it – The Court rises to the challenge of statutory complexity in King v. Burwell

[posted earlier on SCOTUSblog] “A fair reading of legislation demands a fair understanding of the legislative plan.”  So concludes the game-changing statutory interpretation opinion of Chief Justice John Roberts in King v. Burwell. The opinion begins with five pages of detailed … Continue reading

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Whose party is it anyway?

Coauthored with Joseph Fishkin, University of Texas Law School In yesterday’s post, we described how major functions once performed by official party organizations are migrating instead to what we call shadow parties—groups situated outside the official party apparatus, but clearly … Continue reading

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A war within the Republican party?

  Coauthored with Joseph Fishkin, University of Texas Law School A recent story perfectly embodied the central puzzle in a paper that we recently published in the Supreme Court Review. The story tells about the war between the Koch brothers … Continue reading

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