And he has no patience with Tribes suggestion that it would be bizarre for Roberts to conclude that only state-based exchanges can receive subsidies.
Hes obviously trying to coach the Supreme Court on how to rule for the government here, Cannon counters. Hes also either ignoring or not aware of the legislative history showing that Congress was considering all sorts of proposals that would withhold subsidies from states that didnt establish exchanges or do other things.
It is clear that he has not researched the legislative history, because there is nothing bizarre about it, Cannon says.
We live in hope!