What Don Verrilli did convincingly in today's Affordable Care Act suit before Supreme Court was treat Congress as enduring collective entity that can learn, without respect to partisanship. If you believe in our institutions, you have to agree with this. https://www.supremecourt.gov/oral_arguments/argument_transcripts/2020/19-840_i426.pdf
The Congress of 2010 was of course different from Congress of 2017 in its partisan makeup and objectives. But if we're going to take seriously fiction we have a "Congress" that endures year after year, we have to respect the choices lawmakers made both years, and reconcile them.
This Verrilli exchange with Justice Alito is the whole ballgame. Are we going to treat Congress as playing partisan games, and setting traps for the Court to spring? Or are we going to take seriously the choices that both the 2010 and the 2017 Congress made?
This Verrilli exchange with Justice Alito is the whole ballgame. Are we going to treat Congress as playing partisan games, and setting traps for the Court to spring? Or are we going to take seriously the choices that both the 2010 and the 2017 Congress made?
This Verrilli exchange with Justice Alito is the whole ballgame. Are we going to treat Congress as playing partisan games, and setting traps for the Court to spring? Or are we going to take seriously the choices that both the 2010 and the 2017 Congress made?
What Verrilli did well today was not to defend choices made by 2010 Congress that enacted Affordable Care Act, but to defend choices made by 2017 GOP Congress that chose to eliminate only part of it. Even if you're a GOP partisan, you have to respect choices 2017 Congress made.
What Verrilli did well today was not to defend choices made by 2010 Congress that enacted Affordable Care Act, but to defend choices made by 2017 GOP Congress that chose to eliminate only part of it. Even if you're a GOP partisan, you have to respect choices 2017 Congress made.
What Verrilli did well today was not to defend choices made by 2010 Congress that enacted Affordable Care Act, but to defend choices made by 2017 GOP Congress that chose to eliminate only part of it. Even if you're a GOP partisan, you have to respect choices 2017 Congress made.
What Verrilli did well today was not to defend choices made by 2010 Congress that enacted Affordable Care Act, but to defend choices made by 2017 GOP Congress that chose to eliminate only part of it. Even if you're a GOP partisan, you have to respect choices 2017 Congress made.
Chief Justice Roberts takes seriously the possibility that the 2017 GOP Congress wanted to set a trap for the Court to strike down the entire Affordable Care Act rather than Congress doing so . . . and he makes clear that, at least for him, the Court's not in that business.
Chief Justice Roberts takes seriously the possibility that the 2017 GOP Congress wanted to set a trap for the Court to strike down the entire Affordable Care Act rather than Congress doing so . . . and he makes clear that, at least for him, the Court's not in that business.
Chief Justice Roberts takes seriously the possibility that the 2017 GOP Congress wanted to set a trap for the Court to strike down the entire Affordable Care Act rather than Congress doing so . . . and he makes clear that, at least for him, the Court's not in that business.
This has to be the most unenthusiastic "defense" of a statutory interpretation position I've ever seen in the Supreme Court, by Acting Solicitor General Wall. "Sure, Congress didn't actually mean to eliminate the whole of the Affordable Care Act. It left that for you!"
This has to be the most unenthusiastic "defense" of a statutory interpretation position I've ever seen in the Supreme Court, by Acting Solicitor General Wall. "Sure, Congress didn't actually mean to eliminate the whole of the Affordable Care Act. It left that for you!"
This has to be the most unenthusiastic "defense" of a statutory interpretation position I've ever seen in the Supreme Court, by Acting Solicitor General Wall. "Sure, Congress didn't actually mean to eliminate the whole of the Affordable Care Act. It left that for you!"
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