Tonight’s question, greetings, and banter here. (More)
Today Linda Greenhouse explained anti-ACA activists’ rush to push the three-judge Halbig decision into the Supreme Court before the D.C. Circuit can hear the case en banc, and Ed Kilgore puts the case into the context of others likely to reach the Court this year. But Brianne Gorod notes that the “textualists” of the anti-ACA right ignored the plain text of the Federal Rule that governs en banc review, and Rob Weiner takes them to task on the plain meaning of their own previous statements. Will this case be decided by typographic emphasis?