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Wednesday, May 27, 2015

 

The former adjunct professor constitutional law’s lawyers are arguing


The former adjunct professor constitutional law’s lawyers are arguing a number of things, and here's just one ... and the media is worried.

There’s also a chance, at least according to those worried media allies of the president, that the Supreme Court will strike a blow against Obama’s big domestic triumph in the already embarrassing King v. Burwell case. That’s the one challenging the subsidies for Obamacare being offered through federally-run health insurance exchanges, on the grounds that the law clearly states that the subsidies are only available to to those enrolled through state-run systems, and because 36 of the states reasonably chose to have nothing to do with the Obamacare monstrosity the decision will have significant consequences. The former adjunct professor constitutional law’s lawyers are arguing that to insist a law be enacted as written is picky-picky-picky, and that no one should expect a 2,000-plus page bill to be free of significantly consequential errors, and never mind those statements by the bill’s “architect” that the language was clearly intended to coerce states to go along, and that, c’m’on, it’s Obama. This will probably prove persuasive to at least one of those wobbly Republican appointees, although we can hope that Chief Justice John Roberts might seize the opportunity to repent for his vote in that awful decision on the general constitutionality of Obamacare, and in any case there will be some black comedy in the arguments and a cautionary tale about passing 2,000-plus page bills that fundamentally transform a sixth of the economy and don’t promise to be free of errors with significant consequences.

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