The D.C. Circuit delivered what Megan McArdle called a “body blow” to Obamacare. It could even be worse than that. The court, in a 2-1 ruling, decided that the law doesn’t allow the government to provide subsidies for those states that didn’t set up their own exchanges. Just hours later, the 4th Circuit made the opposite ruling. And the betting is that an “en banc” hearing in the D.C. Circuit would reverse the original ruling. But this means at least two things: Those who oppose Obamacare will endlessly think up new and different ways of challenging it in court; the Supreme Court can now, if it wants, take another shot at another controversial ruling. Via Bloomberg View.
Tom Goldstein of Scotusblog writes in the Washington Post that it’s a close call, but that Obamacare will probably hold up. John Cassidy writes in the New Yorker that he doubts the Supremes have the stomach to overturn Obamacare now.
For you few remaining print junkies: David Carr writes about riding the juggernaut that left print behind. Via the New York Times.
These were the Tea Partiers long before today’s iteration: The GOP insurgents who invented progressivism. Via the Atlantic.
Nate Cohn writes in Upshot that this year’s election might produce a very strange result: In which Republicans could win the Senate and still not ride a wave. Via the New York Times.
Why it’s so hard to even talk about Israel and Palestine and the crisis in Gaza. Jon Stewart tries – it really is hard – to explain. Via Vox.
Pueblo County Clerk Gilbert “Bo” Ortiz announced he would issue no more marriage licenses to same-sex couples at the behest of the Attorney General, who ordered him to stop. To avoid “wasteful litigation” he’ll wait “for further clarification on the constitutionality of a clearly unconstitutional law” Ortiz said in a written statement on Monday. The Denver County Clerk is stopping too, leaving Hillary Hall in Boulder as the last clerk left standing. Via the Pueblo Chieftain.
Drilling in El Paso County? The Gazette reports that a Fort Worth company is one step closer to testing whether it’s worth drilling in the county, as it received state approval to drill two exploratory oil wells near Calhan, about 40 miles northeast of Colorado Springs. Three other energy companies have tried and failed to find marketable oil in the county.