Agenda for 17th Class Admin Slide Handout Double class on Friday. 1-3PM. Rm 101 Lunch on Friday. 12:10-12:50. Rm 106 Information King v Burwell (Obamacare case)

Assignment ## 79, 81-84 #85(stopping on the end of the 2nd full paragraph on p. 325) #86 #88 (stopping after the first block quote on p. 336) #89 Optional. All other readings between ## 78 & 90 (WG3) What do you think is the right thing to do in the Trolley case? Why? (WG4) What do you think is the right thing to do in the Transplant case? Why? (WG1) P. 313 Question 7 (WG2) Until recently, California law mandated vaccination of children, but exempted children based on their parents’ religious or “personal” beliefs. A recent law eliminated those exemptions. Both the former and current law allow exemption for children with medical conditions that make vaccination unsafe. What do you think is better, former or current law? Why? Can you think of a law that is better than both former and current law? Why? (WG4) Exercise 15. Gould Virus, pp. 542-43 Old exam. I recommend that everyone write out and submit an answer

Integration of Interpretive & Normative Reasoning Statutory interpretation Textualist. Text of statute may require or suggest economic analysis or cost-benefit analysis The EPA shall issue regulations of diesel emissions using cost-benefit analysis The EPA shall issues reasonable regulations of diesel emissions Intentionalist Legislators might have mentioned discussed economic analysis, efficiency, or cost-benefit analysis during debates Purposivist See Cleaner Skies, National Society Pragmatic Always relevant Also consider other normative frameworks that will start discussing next weak

Integration of Interpretive & Normative Reasoning Common law interpretation See Posner opinion in Sarnoff Does NY law forbid enforcement of conditions not to compete NY precedents are murky, so Posner does economic analysis to decide whether conditions not to compete should be enforceable Consistent with Posner’s view that implicit logic of common law is economic efficiency More generally, economic analysis may be good way of finding principle which fits precedents and provides guidance for future cases Or maybe not (see Dworkin) When law is unclear, judges often turn to favored normative framework For some judges, that is economic analysis

King v Burwell §36 of Affordable Care Act authorizes tax credits if an individual enrolls in an insurance plan through an “Exchange established by the State…” Under Affordable Care Act Some states established their own exchanges (websites to purchase insurance) Other states did not establish exchanges, but let the federal government do so Is an exchanged established by the federal government “an Exchange established by the State”? Are individuals in states in which the federal government set up the exchanges eligible for tax credits? Roberts + 5 “yes” Scalia + 2 dissent Questions pp. 628-29 Qs 1, 2, 4, 5, 7,11