Cato's Michael Cannon has been following the Halbig case for quite some time. Last we checked, it looked like a US District judge had shot down this case, which argues that IRS enforcement of the (Evil) Mandate was illegal in 34 of the 58 states.
Reports of the case's death, however, are greatly exaggerated. As Michael reports today:
"[A]ppellate Judge Thomas B. Griffith clarified that an Exchange established by the federal government is not “established by the State.” When the government’s lawyer argued that federally established Exchanges meet that requirement, Judge A. Raymond Randolph cut him off: “That is a leap. That is not statutory interpretation.”
Interesting development.
Reports of the case's death, however, are greatly exaggerated. As Michael reports today:
"[A]ppellate Judge Thomas B. Griffith clarified that an Exchange established by the federal government is not “established by the State.” When the government’s lawyer argued that federally established Exchanges meet that requirement, Judge A. Raymond Randolph cut him off: “That is a leap. That is not statutory interpretation.”
Interesting development.
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