The Supreme Court’s decision in King v. Burwell is interesting not only in its result but in its application of statutory interpretation.
Before the case, so much ink was spilled (and more virtual ink virtually spilled) on the question of… Continue reading
As the Supreme Court gets ready to decide this key Obamacare case, watch if Chief Justice Roberts or Justice Kennedy (f they make up a majority holding subsidies cannot apply to those in the federal exchange) engage in the total… Continue reading
New article by Neal Katyal and Thomas Schmidt in the Harvard Law Review, with a response by Caleb Nelson.
Here is how Katyal and Schmidt situate their work in relation to other recent work on the avoidance canon, including my… Continue reading
Brian Broughman and Deborah Widiss have posted this draft on SSRN. Here is the abstract:
Abstract:
The ability of Congress to override judicial interpretations of statutory language is central to legislative supremacy. Both political science and legal scholarship assume, often… Continue reading
NYT’s The Upshot:
A once-popular bill to help victims of sex trafficking was derailed in the Senate recently when Democrats discovered that language restricting funding for abortions was in the bill — sneaked in, they charged, by Republicans.
If… Continue reading
Michael Gilbert has posted this draft on SSRN (forthcoming, Virginia Law Review). Here is the abstract:
Sincere rules mandate behavior a rule-maker wants, while insincere rules mandate different behavior. To illustrate, if a legislator wants cars to travel at 55… Continue reading
From today’s oral argument in King v. Burwell:
But today, Congress very rarely overturns the Supreme Court, especially in high profile cases with great partisan salience, except in situations (unlike today) where the Congress and Presidency are all controlled by… Continue reading
At Slate:
Unless you are a lawyer or a glutton for punishment, you probably want to avoid reading the new D.C. Circuit and 4th Circuit opinions reaching conflicting results on the legality of key provisions of the Affordable Care… Continue reading