I posted about the Affordable Care Act subsidies cases earlier this year, in which the Libertarian lawyers of the Volokh Conspiracy blog at the Washington Post have pursued a “strict textualism” argument not supported at law or in well-established canons of statutory construction to undermine “ObamaCare.” The GOP’s war on healthcare.
These Libertarian lawyers convinced two conservative activist judges of the D.C. Circuit Court of Appeals on a three judge panel in Halbig v. Burwell to accept their purely political attempt to undermine “ObamaCare.”
The Obama administration petitioned the D.C. Circuit Court of Appeals for a full en banc rehearing, somenthing that is rarely granted.
Today the D.C.. Circuit Court of Appeals granted the en banc request, which has the effect of voiding the earlier decision of the three judge panel.