Morning Must-Read: Nicholas Bagley: Am I Unreasonable?
Am I unreasonable?: “To prevail, it’s not enough for the King challengers…
:…to show that it’s possible to read the ACA to eliminate tax credits from states that refused to set up their own exchanges. They must also demonstrate that the ACA does so unambiguously—and that the IRS’s contrary interpretation is therefore unreasonable. Under Chevron, if the ACA could be read in a couple of different ways, the courts owe deference to the IRS’s authoritative decision about how best to read it.