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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Education

The Deflation of the Academic Brand

Trumpism is sometimes derided as an updated know-nothingism that rejects expertise and the input of credentialed expertise. Supposedly, professionals who could now save us tragically have their talent untapped as they sit idle at the Council on Foreign Relations, the economics Department at Harvard, or in the ... Read More