I saw this tweet from the University of Colorado English Department this evening:
Remembering George Orwell today on his birthday pic.twitter.com/RywuVVs5hM
— UCCS English Dept (@uccsenglish) June 25, 2015
The Affordable Care Act contains more than a few examples of inartful drafting. (To cite just one, the Act creates three separate Section 1563s. See 124 Stat. 270, 911, 912.) Several features of the Act’s passage contributed to that unfortunate reality. Congress wrote key parts of the Act behind closed doors, rather than through “the traditional legislative process.” Cannan, A Legislative History of the Affordable Care Act: How Legislative Procedure Shapes Legislative History, 105 L. Lib. J. 131, 163 (2013). And Congress passed much of the Act using a complicated budgetary procedure known as “reconciliation,” which limited opportunities for debate and amendment, and bypassed the Senate’s normal 60-vote filibuster requirement. Id., at 159–167. As a result, the Act does not reflect the type of care and deliberation that one might expect of such significant legislation.
and this other Orwell quote on language:
Political language… is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.
applies here as well
Petitioners’ plain-meaning arguments are strong, but the Act’s context and structure compel the conclusion that Section 36B allows tax credits for insurance purchased on any Exchange created under the Act.
I think these examples confirm the truth of Justice Scalia’s dissent and confirms this tweet of mine in response to the Colorado English Department acknowledgement of Orwell:
— Peter Ingemi (@DaTechGuyblog) June 26, 2015
I think George Orwell’s birthday deserves recognition but I suspect it would have been better for the country if they just sent flowers.
Update: An old question answered:
— Peter Ingemi (@DaTechGuyblog) June 28, 2012
Of course they could both be true depending of how she defined “diabolical”.
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