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Monday round-up

King v. Burwell, the challenge to the availability of tax subsidies for individuals who purchase health insurance on an exchange created by the federal government, continues to spur coverage and commentary.  In The Wall Street Journal, Louise Radnofsky, Jess Bravin, and Brent Kendall report that David King, the lead plaintiff in the case, “appears to qualify for veterans’ medical coverage, raising questions about his ability to challenge the law”; at POLITICO, Jennifer Haberkorn has more on King and the other plaintiffs in the case.  The Constitutional Accountability Center has an overview of the briefs in support of the government in the case, while in an op-ed at CNBC Ralph Tyler argues that, although “principles of statutory construction provide the legal and rhetorical framework,” the case “is as much politics and political preferences as law” and “only the next major chapter in the divisive political debate over the ACA.” 


  • At the Immigration Law Prof Blog, Amanda Frost looks at a brief by former consular officers opposing the government and in favor of judicial review in Kerry v. Din, scheduled for oral argument in two weeks.
  • At the Pacific Legal Foundation’s Liberty Blog, Ralph Kasarda weighs in on Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, in which the Court is considering whether the Fair Housing Act allows claims based on disparate impact.
  • At truthdig, Bill Blum looks at whether there is a “libertarian-conservative fusion” behind some of the recent decisions of the Roberts Court.
  • At his Article 8 blog, Danny Hensel reports on Justice Ruth Bader Ginsburg’s recent appearance at the University of Michigan.

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Recommended Citation: Amy Howe, Monday round-up, SCOTUSblog (Feb. 9, 2015, 6:49 AM),