Bench Memos

Law & the Courts

“Term of Art”

On the Obama administration’s account of the role of exchange subsidies in Obamacare, Congress messed up when it limited subsidies to insurance obtained on “an Exchange established by the State under section 1311.” On that account, Congress should instead have used the phrase “an Exchange.” But rather than candidly acknowledge that its theory means that Congress messed up, the Obama administration instead claims that the phrase “an Exchange established by the State under section 1311” is, believe it or not, a “term of art.”  

I expect that some of the justices will have fun with that claim at the oral argument this morning in King v. Burwell.

Most Popular

U.S.

Nathan Phillips Lied. The Media Bought It.

If you’re in a public place and someone starts heckling you, are you entitled to heckle back? How about if someone does something much worse than heckling you in a public place? What if that person in fact takes a drum up to you and starts banging it in your face? Are you entitled to heckle back? How about ... Read More

Alert: NRPlus Call with Devin Nunes is Imminent

We are delighted that Republican congressman Devin Nunes is joining us this week for a call with our NRPlus members. It’s Wednesday at 11:45 a.m. If you are a member, you should have an invite in your inbox. If you are not, you can sign up here. I’ll be moderating and we’ll be taking your questions through ... Read More