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.

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Politics & Policy

March Mailbag

1. In response to this post, about the Fed and fiscal stimulus: “So are you saying that deficit spending is a free lunch because the Fed will keep inflation from happening? You say [extra government spending] won’t ‘raise economic output’ but what’s the harm of it if you’re right?” I see at least ... Read More


For your amusement, I hope, I’ve done a Jaywalking episode. It begins with a bit of the overture to Semiramide -- a Rossini opera I reviewed from the Met last week. Then I get into Russia and, after a while, China. The Marriott company fired an employee for “liking” a tweet by a Tibetan independence group. ... Read More

Campaigns for World Down Syndrome Day Go Viral

As World Down Syndrome Day approaches on Wednesday, several campaigns supporting those with the condition have taken over the Internet. Fifty mothers of children with the condition put together a viral video of them and their children singing along in the car. The video helped the children and their mothers ... Read More

Viva l’Italia?

Italy has just had elections, with very interesting results. I wanted to talk with Alberto Mingardi, which I have. He is one of the leading classical liberals in Italy -- the director general of the Bruno Leoni Institute, in Milan. (Mingardi himself is Milanese.) He is also an authority in arts and letters. In ... Read More

Stand Up to Putin

President Putin’s landslide victory in Russia’s presidential election was achieved against the lackluster competition of a group of mediocre candidates from which the sole serious opponent had been excluded; amid plausible allegations that his security services had tried to poison two Russians in England by ... Read More