Well, a couple of things, first. 1) The DC Circuit Court of Appeals will probably agree to hear the case en banc and overturn the crazy people decision, which means that the 4th Circuit and the DC Circuit will no longer be split over the issue of literacy and statutory interpretation. 2) I think Ezra Klein is being waaay too optimistic here and assumes that the Chief Justice Roberts that would presiding over Halbig is the same Chief Justice Roberts from NFIB v. Sebelius, which even then was dicey because he switched sides at the last minute. I wouldn’t put it past Chief Justice Roberts to say F*ck it and just strike down the entire law on some made up bullsh*t.