An excellent analysis of the law but one must step back and look at the core issue as Turley and Robers both seems to agree on — have we created a 4th branch of government with no checks and balances on it — that is the very definition of tyranny! In my opinion that trumps any other cause no matter what the merits of it, for if this process continues much longer we will lose the Republic just as the Romans did.
Below is my column today in the Chicago Tribune on the rivaling rulings in the D.C. Circuit and the Fourth Circuit over a critical provision under the Patient Protection and Affordable Care Act (ACA). As an academic interesting in statutory interpretation and legisprudence, the opinions are fascinating and capture two different but well-argued views of the role of both courts and agencies in dealing with legislative language.
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Centinel2012 