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Archive of posts published in the tag: King vs Burwell

Legislative Intent

from Petterico’s Pontifications, King v. Burwell: Intentionalism Trumps Textualism, and the Rule of Law Dies: excerpt: There is much disagreement about this on both sides. The conservatives point to Jonathan Gruber, a central ObamaCare drafter. The lefties note that Gruber

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Uninhibited Power

from The Washington Post, On Obamacare, John Roberts helps overthrow the Constitution by George Will excerpt: Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying

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Legislative Moral Hazard

Without debating the substance of the ACA or the arguments used in the King vs Burwell ruling, the Supreme Court functions within a gray area.  On one hand it should not be their purpose to correct or reject bad legislation,

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