But thanks to Senate rules reform, highly-qualified judges will hear the case when it goes before the full court
Statement of AFJ President Nan Aron in response to the decision of the U.S. Court of Appeals for the D.C. Circuit in Halbig v. Burwell concerning subsidies provided under the Affordable Care Act:
This decision illustrates how two extremist judges on a three-judge panel can turn one of the nation’s most important courts into theater of the absurd.
But this decision also illustrates the importance of Senate rules reform. This decision almost certainly will be heard by the full D.C. Circuit. Thanks to rules reform, three highly-qualified judges, nominated by President Obama, were confirmed to that court at the end of 2013 and the start of this year, restoring a measure of balance and common sense to the court.