The Associated Press coverage of the decisions by the D.C. Circuit and 4th Circuit (on tax subsidies in federal health insurance exchanges) appeared in many on-line versions of major newspapers. It mentioned that two D.C. Circuit judges who ruled against ObamaCare were appointed by Republican presidents and the lone dissenting judge was appointed by a Democrat president.
It failed to mention that the three 4th Circuit judges who ruled unanimously in favor of an IRS rule to implement ObamaCare were appointed by Democrat presidents — two of them by Barack Obama. It also failed to mention that three of the four judges who supported ObamaCare in the two decisions are African-Americans.
Those facts should be included as context for news media coverage of these important Circuit Court decisions. Newspaper readers and TV viewers who are so inclined can connect the dots.
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