It is kind of crazy that two separate courts made two opposite rulings on ObamaCare. Both courts were looking at the same thing – are subsidies for ObamaCare legal?
From Abbe Gluck –
As Marty notes, the opinion is out. Initial quick reaction, more to come: The opinion is terribly disappointing from a statutory interpretation perspective. It relies in part on irrelevant legislative history (from the HELP committee, whose bill wasn’t even the basis for these provisions–the Finance committee’s was) and gets it wrong anyway (as I argued here); it bends over backwards to come up with reasons why Congress might have intended this result (which we all know it certainly did not); and it attaches far too much significance to a line in the statute that expressly deems exchanges in the territories to be state exchanges and does not replicate the special deeming language for the federal exchanges. The territories language is boilerplate language used by Congress when talking about territories in statutes even beyond the ACA, and should have been attached no significance here. What’s more, applying the exclusio unius presumption (that when Congress specifies X we can assume that it meant not to specify X elsewhere) to a statute as long and complicated as the ACA — and one that did not go through the usual linguistic “clean up” process in Conference (as I wrote here) does a disservice to textualism and all those who have defended it over the years–turning it into a wooden unreasonable formalism rather than the sophisticated statutory analysis that textualists have been claiming they are all about.
Who is Abbe Gluck? Continue reading
Moral Fusion Movement
If you have not heard the Reverend William Barber speak, you’re missing an event. I had the privilege of sharing the stage with him a couple of years ago. Although my speech was awesome… his was far better. What I really admire about Reverend Barber is the fact that he truly wants to build a movement. He has been thinking about this and studying the problem for years.
“Woe unto them that decree unrighteous decrees, and that write grievousness which they have prescribed” (Isaiah 10:1).
This the Moral Fusion Agenda:
- Secure prolabor and anti-poverty policies that ensure economic sustainability
- Educational equality that ensures that every child gets a high quality public education (this includes access to colleges and junior colleges)
- Healthcare for all (this includes providing environmental protection for all communities)
- Fairness in the criminal justice system by addressing continued inequality in the system and providing equal protection for black, brown and poor white Americans
- Protecting and expanding voting rights, women’s rights, LGBT rights, immigrants rights and the fundamental principle of equal protection under the law
BTW, there is another recording of Reverend Barber’s speech to Netroots. This other recording was taken by someone in the audience. You can really hear the audience applause and reactions, which makes his speech much more enjoyable. IMHO.
One of the best criticisms of ObamaCare is that not enough Americans signed for the program. Even worse, those Americans who were signing up already had insurance. Well, new data suggests neither criticism has any merit.
It seems that the uninsured rate is dropping. In other words, ObamaCare sure seems to be working.
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