Established by a state

Via Jonathan Keim: The statute also reads, in parts, “established by the State”. The difference is important. @afrakt

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Avoiding Constitutional Avoidance.

In parsing Justice Kennedy’s comments about federalism from the King oral argument, it’s important to notice that federalism principles could affect the outcome in two very different ways.

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Deferring to the IRS

Given the Chief Justice’s near-silence at oral argument in King v. Burwell, much will be made of Justice Kennedy’s sensitivity to the argument that accepting

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In defense of the NNT

Hilda Bastian pushed back against recent promotion of the concept of the number needed to treat (NNT), including the post authored by me and Aaron at

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