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Marty Lederman

@marty_lederman

, 3 tweets, 2 min read

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1/ More later (actually, most earlier--see below), but for now: Part V-B of the CTA5 opinion in the #ACA case today is predictable but an embarrassment to the Art. III judges who joined it. Lord knows I've taken issue w/plenty of court opinions, but ...

balkin.blogspot.com/2019/07/dear-j…

2/ ... typically I assume (perhaps too easily, say many of you) that the judges are competent and acting in good faith. Not here. I can't recall any "reasoning" remotely as absurd as this--a holding that the 2017 GOP Congress imposed a mandate to buy health insurance.

@nicholas_bagley

@nicholas_bagley

3/ We overuse the line, but here it's truly apt: If a student in my class wrote this on an exam, well . . . let's just say that I'd have failed as a teacher.

@nicholas_bagley

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