Document Type
Article
Publication Date
2015
Publication Title
Boston University Law Review Annex
Keywords
healthcare, Obamacare, textualism
Abstract
In the King v. Burwell oral arguments, Chief Justice John Roberts—usually one of the more active members of the Court—asked only one substantive question, addressed to the Solicitor General: "If you're right about Chevron [deference applying to this case], that would indicate that a subsequent administration could change [your] interpretation?" As it turns out, that question was crucial to Roberts's thinking and to the 6-3 opinion he authored, but almost all commentators either undervalued or misunderstood the question's import (myself included). The result of Roberts's actual thinking was an unfortunate outcome for Chevron—and potentially for the rule of law—despite the happy outcome for the Obama Administration.
Repository Citation
Moncrieff, Abigail R., "King, Chevron, and the Age of Textualism" (2015). Law Faculty Articles and Essays. 1278.
https://engagedscholarship.csuohio.edu/fac_articles/1278
Volume
95
Included in
Constitutional Law Commons, Health Law and Policy Commons, Supreme Court of the United States Commons
