In it, but not of it. TPM DC

Yet Again, A Scalia Dissent Is Used Against Him

AP Photo / Evan Vucci

Roberts used the line to argue that it "is implausible that Congress meant the Act to operate" in a manner to limit the subsidies only to those states with state-operated exchanges, as the challengers in King v. Burwell argued.

This is not the first time Scalia has seen one of his dissents used against him. His dissent to the 2013 Windsor decision that struck down the Defense of Marriage Act was widely cited by lower courts to invalidate state bans on same-sex marriage.

About The Author


Tierney Sneed is a reporter for Talking Points Memo. She previously worked for U.S. News and World Report. She grew up in Florida and attended Georgetown University.