My reaction to the D.C. Circuit's decision to grant en banc review of Halbig v. Burwell in a nutshell:
- It is unnecessary.
- It is unwise.
- It is unfortunate.
- It appears political, as would a decision to overrule Halbig.
- It will likely only delay Supreme Court review.
- En banc review does not necessarily mean the court will overturn Halbig, though it doesn't look good.
- I predict that even if the court overturns Halbig, the Obama administration will lose ground.
- The D.C. Circuit will not have the last word.
If you want to go outside the nutshell, where I unpack all this with more words and facts and links, go here.