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|Unpacking the Supreme Court Oral Arguments in King v. Burwell|
Timothy Jost, in Health Affairs Forefront
Mar. 5, 2015
"The argument was supposed to last an hour, but in fact went on for almost an hour and a half. It is a masterpiece -- two highly competent counsel thoroughly in control of their arguments being grilled by Justices who had obviously read the briefs, thought about the issues, and prepared themselves to ask probing and difficult questions.... Justice Alito ... asked the central question in the litigation: If Congress meant to empower federal exchanges to grant tax credits, why did it use the phrase 'established by the State,' rather than 'established under the Act,' or 'established within the State'? Why not say that a federally facilitated exchange is a state exchange? General Verrilli responded by saying that the statute in fact says 'established by the State under section 1311,' and that 1311 includes federal exchanges."
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