TPM News

I fought the law. In high school I spent many career days listening to job counselors map out my promising future in security, the correctional system, or as a police detective. Enforcement and punishment seemed to them like the perfect choice for a black teen who was all-state athlete, football team captain, and captain of the wrestling team. I was informed I also possessed the superpower of being an articulate black person, which meant I could serve as a role model.

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Let’s be honest: The feminist movement is not exactly known for its savvy design. Too many women’s organizations have cliché, homogenous logos and visual identities that reinforce stereotypes and do no favors to momentum-building. There are countless examples of organizations with forgettable icons of pink, leaping, curvaceous women as their brand stamp, and too few with design language that strikes and sticks.

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It's undisputed that virtually everyone had — for years — construed the Affordable Care Act to allow subsidies for Americans even if their state didn't set up an insurance exchange. But the Justice Department wants it to be clear that "everyone" includes the four conservative justices on the Supreme Court who voted to wipe out Obamacare in 2012 and will now hear a new challenge to the law.

In the government's brief defending the ACA, filed with the Supreme Court on Wednesday, DOJ returns on three occasions to the language of the joint dissent of the conservative justices in NFIB v. Sebelius. Justice Antonin Scalia was the de facto leader of the conservatives in that case, who nearly derailed Obamacare until Chief Justice John Roberts, much to the ire of his fellow legal conservatives, joined with the Court's liberal justices to mostly save President Barack Obama's signature legislative achievement.

With Obamacare under the legal gun yet again, the government is using the words of the dissenting justices to suggest they themselves interpreted the statute then as the White House does now when it comes to the core question in the new case, King v. Burwell: Does the ACA allow subsidies on the federal exchange?

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