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Bench Memos

NRO’s home for judicial news and analysis.

The Case Against Rehearing En Banc in Halbig



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In today’s Wall Street Journal, Adam J. White has an excellent op-ed (subscriber-only, I think) arguing that the recent D.C. Circuit panel decision on Obamacare exchange subsidies in Halbig v. Burwell doesn’t meet the D.C. Circuit’s very high standard for en banc review. His closing paragraph:

Those who claim that the D.C. Circuit will rehear the case en banc do no service to the court’s judges, who know the threat that overtly politicized en banc rehearings pose to the court’s collegiality. The controversy surrounding HHS’s federal exchanges should be resolved promptly by the Supreme Court. There’s no need to tarry any longer at the D.C. Circuit. 



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