“Most Natural”

September 28th, 2015

NFIB v. Sebelius (Roberts, C.J.)

The question is not whether that is the most natural interpretation of the mandate, but only whether it is a “fairly possible” one.

King v. Burwell (Roberts, C.J.)

In this instance, the context and structure of the Act compel us to depart from what would otherwise be the most natural reading of the pertinent statutory phrase.

Every time I teach NFIB, and I re-read the decision in its entirety, I’m still surprised by the ending. You’d think by now I wouldn’t be, but it still happens.