‘Nuclear option’ could rescue Obamacare subsidy in courts
CNBC: Jonathan Adler, the Johan Verheij Memorial Professor of Law, discusses the impact the seating of three Democrats in the federal appeals circuit could have on the Obamacare decision. “I think having more liberal judges on the court—that is, more judges who might be inclined to adopt a broad, purposive reading of the statute even where this creates problems for the express statutory text—helps the administration,” he said.
