When South Texas College of Law professor Josh Blackman was researching his first book on the Affordable Care Act, he flagged all of the times he thought the Obama administration overstepped its authority in implementing the statute. King v. Burwell, the latest conservative challenge to the health care law, gave Blackman a chance to use that material.
King asks a narrow question: Can the executive branch extend tax credits to people who buy insurance through the federal marketplace? Blackman’s amicus brief, which he wrote with the Cato Institute, argues that the Internal Revenue Service’s decision to expand subsidy eligibility beyond state-run exchanges is part of a dangerous pattern of “executive lawmaking.”
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