An Unwise Move on the ACA Subsidy Case

Today’s decision by the D.C. Circuit to grant en bancreview of Halbig v. Burwell is unwise and unfortunate. It has the appearance of a political decision, and will likely only delay Supreme Court review. It does not necessarily presage the outcome of these cases, and I predict that even if the administration wins, it will lose ground before the full D.C. Circuit. But a ruling overturning the Halbigdecision will be perceived as political, and understandably so.

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