Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court
Gluck, Abbe R – Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court, 130 Yale L.J. F. 132 (2020). The Affordable Care Act (ACA) is back in the Court, but challengers’ “textualist” arguments are not textualist at all. They argue a findings section in the ACA is an “inseverability clause,” meaning …