If you ordered a pepperoni pizza from Pizza Hut but your friend brought you back the specified pie from Domino’s, would you be upset? Senior Judge Davis, of the U.S. Court of Appeals for the Fourth Circuit, would not. Holding his pizza analogous to whether a health-care exchange is delivered from a state or the federal government, his culinary concurrence contributes to the unanimous decision in King v. Burwell, decided July 23rd.

Meanwhile, only two hours prior and 110 miles away, Judge Griffith, of the U.S. Court of Appeals for the D.C. Circuit, held in Halbig v. Burwell that whether a health-care exchange was delivered by a state or the federal government was of crucial importance (without a pizza analogy).

The Stakes

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