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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Culture

Road Trip

EDITOR’S NOTE: The following is Jonah Goldberg’s weekly “news”letter, the G-File. Subscribe here to get the G-File delivered to your inbox on Fridays. Dear Reader (Especially future contributors to my GoFundMe page), I am currently in the passenger seat of our family fun mobile, passing mile marker ... Read More
Books

The Maker of Middle-earth, in Gorgeous Detail

Oxford, England — After five months of ferocious and futile slaughter in “the Great War,” an Oxford undergraduate — knowing his deployment to the Western Front was inevitable — used his Christmas break in 1914 to cultivate his imagination. Twenty-two-year-old J. R. R. Tolkien began writing “The Story ... Read More
Politics & Policy

Answering my Critics

My post on Elizabeth Warren’s cynical/bonkers proposal to effectively nationalize every American firm with revenue of $1 billion or more has met with predictable criticism. I will address two points here. One, some have complained about the use of the word “expropriation,” or more broadly about ... Read More