mr. millhiser: it is true there is a two tier litigation strategy. there is the strategy at the surface where the doj wrote an excellent brief which lays out what elizabeth and i have been talking about, which shows it is absolutely clear that the statute can be read one way. below the surface, there is another strategy going on that basically consists of trying to embarrass the justices who are inclined not to do what the statute clearly says it should do. a lot of it consists of pointing to how obvious the legal argument is and going, come on, guys, you cannot get away with this. one person whose be embarrassed is justice scalia. he wrote in a 2012 book that he co-authored that there is no interpretive fault more common than the failure to follow the whole text canon which calls on the judicial interpreter to interpret the higher text in view of its structure and logical relation to its many parts. again, i would hope that the year fact -- mere fact this is an easy case would be enough to convince nine justices. there is only one way to read the st

mr. millhiser: i will say to w things in response. -- two things in response. to the extent that there are justices, it is helpful that political analysts have weighed in and pointed out that this may not be good for the republican party. if they are not willing to do the right thing because they are following the law may be very well out of some other concern. that said if they do do the wrong thing i think we have a good indicator of what is going to happen because we have seen it happen through medicaid. what we have seen is that in many states where you have governors and lawmakers who are ideologically opposed to the affordable care act, they are turning down free money literally turning down free money. for the first several years of the affordable care act the state does not even have to contribute to the expansion at all because they have an ideological objection to all things obamacare. i do not think there is any question regardless of what the politics are that there will be many states where if the supreme court does the wrong thing subsidies will j