Tag Archives: Burwell

No, Congress Didn’t Commit a Crime When It Shopped for Coverage

by Nicholas Bagley — Friday, Apr. 15, 2016

John Malcolm and Michael Cannon—yes, the Michael Cannon of King v. Burwell fame—have a new op-ed accusing members of Congress and/or their staffers of committing a federal crime. Documents obtained under the Freedom of Information Act show that unnamed officials who administer benefits for Congress made clearly false statements when they originally applied to have […]

Scalia and Chevron: Not Drawing Lines, But Resolving Tensions

by Adam White — Tuesday, Feb. 23, 2016

Among the many reasons for mourning Justice Scalia’s untimely passing (on which I’ve written at length elsewhere) is the fact that his death abruptly cut short his late-career reconsiderations of the administrative state. As Aaron Nielson observes, recent years had seen Justice Scalia expressing serious doubts about judicial deference to agency interpretations of their own […]