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Guest Blogger Abigail R. Moncrieff of the Boston University School of Law and a speaker at the Petrie-Flom Center’s “King v. Burwell and the Future of the Affordable Care Act” conference on April 1 has a new piece up…
By Abby Moncrieff Larry Tribe is stirring up trouble, and to do it, he’s relying in part on an argument I made (and Justice Kennedy seemingly adopted) in King v. Burwell. But Tribe’s King isn’t…
By Abby Moncrieff There is one concern about the JALSA brief that I have not yet addressed because I don’t think it’s relevant: If the Court invalidates the IRS Rule and then decides the constitutional…
By Abby Moncrieff And the storm rolls on… Ilya Somin has now responded to my response to him, and he correctly notes that I failed to confront his core point. (I was more focused on…
By Abby Moncrieff [This post has been edited to reflect corrections received by email from Jon Adler, whom I sincerely thank for his thoughtful engagement.] Federalism is in the air again—once again surrounding Obamacare’s financing structure—and…
By Abby Moncrieff Of the three constitutionally-motivated arguments that amici presented in King, the argument that Justice Kennedy picked up on (which I wrote) is the most aggressive and the riskiest from a liberal perspective.…
By Abby Moncrieff In Wednesday’s oral arguments, Justice Kennedy seemed highly tempted by a constitutional avoidance argument in King v. Burwell. Although Kennedy’s questions provide some optimism for the government, they have also caused some…
By Abby Moncrieff I grew up in a family of gun hobbyists. One of my older brother’s most treasured Christmas presents from childhood is a rifle that was used in WWII; my dad had a…
By Abby Moncrieff First, an uncontroversial statement: Despite academics’ resistance, libertarian arguments played a huge role in the Supreme Court’s Obamacare decision. That seems obvious. Chief Justice Roberts and the four dissenters based their Commerce…
