I’ve been relatively silent on the recent Halbig-related developments for a few reasons: (1) there haven’t been that many, (2) I didn’t have much to add on the DC Circuit’s grant of en banc review in Halbig, the King cert. petition, or the recent federal district court decision, and (3) gosh darn the fall quarter is busy at the start!
But I’ll have plenty to say on Thursday morning, when I head to DC for the Cato Institute’s Halbig conference. (Details here: http://www.cato.org/events/pruitt-halbig-king-indiana-obamacare-once-again-headed-supreme-court) If you’re in the DC area, have a free Thursday morning, and would like to see me discuss the current state of the Halbig-type cases with the folks leading the challenge, then you should certain swing by. Here’s the schedule:
This recent post by Cato’s Michael Cannon lists the Top Ten reasons you should attend the conference. I make an appearance at #4. You could argue I should be higher. You could also argue that I should shut up because I’ve never been on any sort of published Top Ten list. Both arguments have merit.
Cannon notes I’ll be discussing how the Halbig critics (in the press) could make better arguments. And I will, based on arguments along the lines I’ve made here and here and here. But as one of the only folks on the panel who actually supports the government’s position, I’ll also be making the government’s case for the IRS regulation, discussing “liberal” theories of statutory interpretation more generally, and turning a critical eye toward the challenger’s arguments. It should be a fun time. I hope you can make it.