Bench Memos

Epic Court-Packing Fail: D.C. Circuit Calls Off Halbig Arguments

On routine motion of the plaintiffs, the D.C. Circuit yesterday canceled next month’s arguments in Halbig v. Burwell and ordered the case to be held in abeyance pending the Supreme Court’s decision in King v. Burwell, which was granted certiorari last week. Since those two cases concern the same central issue, namely, whether tax subsidies for Obamacare can go through exchanges not “established by the State,” the D.C. Circuit is now in a holding pattern until the Supreme Court issues its ruling on the issue, which will control the outcome of both cases. As a result, the administration’s strategy to run out the clock on timely judicial review of Obamacare has failed.

Jonathan KeimJonathan Keim is Counsel for the Judicial Crisis Network. A native of Peoria, Illinois, he is a graduate of Georgetown University Law Center and Princeton University, an experienced litigator, and ...
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