In Halbig v. Burwell, the federal appellate court for the District of Columbia (“D.C.  Circuit”) interpreted a clause in the Affordable Care Act (“ObamaCare”) to mean exactly what it would mean to the average reader. The provision authorizes subsidies to certain individuals purchasing health insurance through “an Exchange established by the State.” The court concluded that this meant that individuals purchasing health insurance through an exchange established by a state may receive subsidies. The court rejected the government’s argument that, based on context, the word “State” must refer to either a State or the federal government.  Not satisfied merely to disagree with the court’s opinion, some critics describe the court’s act of commonsense interpretation as “shamefully dishonest,” “legally laughable,” and “judicial sophistry.” The point here is not to defend the...(Read Full Article)