Afternoon Must-Read: Adrianna McIntyre: 5 Media Mistakes in the Halbig Debate

Adrianna McIntyre: 5 media mistakes in the Halbig debate: “Over the past few weeks…

…thousands of words have been written on Halbig v. Burwell…. There are some things… just getting lost… worth getting right here. 1) Administrative Law 101: The administration doesn’t need to prove intent, just ambiguity…. 2) And the text of the law can be read as ambiguous. Yes, even the words ‘established by the State’…. 3) Medicaid expansion is a deeply flawed analogy…. 4) The ‘foresight error’ argument could cut in favor of the government just as easily as it could cut against it…. 5) The courts won’t really care what Jonathan Gruber–or reporters–knew, or when they knew it…. As for the ‘But Gruber was lying in documents he filed with the court!’ line, even Michael Cannon… isn’t seizing on that…

August 4, 2014

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