Why This Smells So Bad

You can’t assess the Supreme Court’s surprise jump today into the Obamacare subsidies pseudo-controversy without appreciating that there was a big organized effort in the conservative legal community to create the political and legal space for the Supreme Court to intervene. Part of that effort involved working to delegitimize in advance the pending en banc decision of the DC Circuit Court of Appeals as purely political and without legal foundation. Here’s the full rundown on what was being done on the outside to push the Supreme Court toward the decision it made today.