Originalism and the Two Narratives of Halbig

Halbig v. Burwell, the ACA subsidies case, has two competing narratives.  In one version, it is an epic battle between textualism and contextualism.  The statute (says one side) clearly says subsidies are available only for insurance exchanges “established by [a] State” and the federal exchange is obviously not established by a state.  But (says the other side) surely Congress could not have intended a situation in which subsidies were not available on the federal exchange, so to make sense of the statute one should not read it narrowly but with regard to what makes the most sense of Congress’ intent.

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Who Owns You? “Right to Try” laws buck FDA approval process

Legislators in Colorado, Louisiana and Missouri recently approved “Right to Try” legislation, and Arizona voters will vote on the measure this November. Under a doctor’s supervision, people would be given the chance to try promising experimental drugs before they’re given final FDA approval.

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New York Assembly Votes to Nullify Federal Marijuana “Laws” 94-36

ALBANY, NY, May 28, 2014 – Yesterday, the New York State Assembly passed a bill to set into motion the process for production and distribution of medical marijuana in the state, which would effectively nullify the unconstitutional federal prohibition on the same.

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