“The test to textualism in King v. Burwell: A Reply to Abbe Gluck”
Looking forward to digging into Jonathan Adler’s analysis, and I hope Abbe Gluck will respond.
Category Archives: statutory interpretation
“The Dumbing Down of Statutory Interpretation”
Glen Staszewski has posted this draft on SSRN (Boston University Law Review). Here is the abstract:
This Article criticizes a recent movement toward making statutory interpretation simpler and more uniform. The trend is reflected by proposals to adopt codified rules… Continue reading
The NVRA and the Arkansas AG candidate
Rick posted yesterday on an Arkansas registrar’s decision to cancel the registration of Leslie Rutledge, a candidate for state AG, after it was brought to the registrar’s attention that Ms. Rutledge had been registered in another state. One of the… Continue reading
Live Blogging #KSSEN Taylor v. Kobach: Analysis
Oral argument in the Kansas Supreme Court has now completed in the case of Kobach v. Taylor, on the question whether Taylor’s name can be removed from the Kansas U.S. Senate ballot. The issue is especially important with incumbent… Continue reading
“Kansas Supreme Court hears Chad Taylor lawsuit Tuesday”
Wichita Eagle oral argument preview.
My Analysis of New #KSSEN Filings in Taylor v. Kobach
The Kansas Supreme Court has now posted additional filings in the Taylor v. Kobach case. Here are a few observations about the new filings.
1. One of the questions is what Bradley Bryant of Kansas Secretary of State’s office told… Continue reading
Does the Democracy Canon Support Removing Taylor’s Name from #KSSEN Ballot?
Taylor makes essentially that argument in the memorandum supporting the writ of mandamus filed in the KS Supreme Court.
I think that’s probably right. What good does it do to give voters the choice of a candidate who has attempted… Continue reading
Now Available: Hasen, Legislation, Statutory Interpretation, and Election Law: Examples and Explanations
[Bumping to the top for the start of classes.]
[UPDATE: You can now order the book at Amazon, or electronically as a Kindle Book, or directly from the publisher.]
I am happy to announce that you … Continue reading
“Republican Lawyers’ Latest Sneak Attack on Obamacare Is Their Most Brazen Yet”
Simon Lazarus in TNR:
Purposivist disciples may be tempted to seize upon the ACA premium assistance challenges to skewer their philosophical adversaries. Indeed, the day after Judge Griffith’s decision, University of California law professor Richard Hasen put the blame on… Continue reading
“Judging Statutes”
Judge Robert Katzman has written a new book on statutory interpretation for Oxford University Press. Here is the description:
In an ideal world, the laws of Congress-known as federal statutes-would always be clearly worded and easily understood by the judges… Continue reading
“Adviser’s past remarks could give Obamacare a headache”
Read Adam Serwer on the Gruber Obamacare remarks.
John Nagle on Constrasting Statutory Interpretation Theories of Government in Obamacare and Climate Change Legislation
Here, at CNN.
How Much Weight to Give to Gruber’s Statements? Not Much
There’s a great irony in those who up until yesterday supported the DC Circuit’s strict textualist reading of the ACA now pointing to a statement made by a supporter of the law involved in its drafting as evidence of the… Continue reading
Ed Whelan’s Statutory Interpretation Revisionism
Over at NRO’s Bench Memos, Ed Whelan takes on my recent Slate piece on the conflicting Obamacare decisions issued this week:
On Slate, law professor Richard Hasen perceives in the D.C. Circuit and Fourth Circuit rulings on Obamacare exchange… Continue reading