How the snail darter could undermine Obamacare

At the Volokh Conspiracy, Jonathan Adler draws a parallel between the activist litigation challenge to the Tellico Dam project, Tennessee Valley Authority v. Hill, insisting on a strict reading of the Endangered Species Act, and the activist litigation challenge to Obamacare, King v. Burwell, insisting on a strict reading of the ACA’s provision for state exchanges.

Adler points to the TVA decision to suggest that Court will apply a strict reading to Obamacare and undo the federal exchange that has taken the place of state exchanges in states that have not created their own. Read Adler’s analysis here.

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