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SAVING ACA BY SIMPLE MAJORITY

Nicholas Bagley"Adding Democratically appointed judges who are less enamored of a literalist approach to statutory interpretation makes it much more likely that the court will take the case en banc. The nuclear option thus matters a great deal for the moment."

Assistant Prof. Nicholas Bagley, in a Business Insider article, on a possible D.C. Circuit Court reversal of the Halbig v. Burwell ruling. The court splits 7-4 in favor of Democratically appointed judges, because of last November's change to Senate filibuster rules—the so-called "nuclear option."