In 2014, Judge Thomas Griffith authored an opinion in Halbig v. Burwell that could have wrecked Obamacare’s insurance markets in over 30 states and potentially stripped health coverage from millions of Americans. Griffith’s court eventually vacated his ruling against Obamacare, and the Supreme Court rejected Griffith’s reasoning in King v. Burwell (2015) — but not before the Halbig decision plunged the Obama administration, health care advocates, and patients into a year of terror that Obamacare would be gutted.
On Friday, President Joe Biden announced that he would sign an executive order creating a “Presidential Commission on the Supreme Court of the United States.” Griffith — who retired from the federal bench in 2020, allowing former President Trump to choose his successor — is one of several prominent conservatives on this commission, which the White House says Biden appointed to “provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform.”
Yet, while the author of one of the most significant attacks on Obamacare in the last decade is on Biden’s commission, none of the leading academic proponents of Supreme Court reform were appointed (the overwhelming majority of the commission’s three dozen members are law professors or political scientists).
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