Megan McArdle, while discussing the increasingly amusing flailing about by the Left over King v. Burwell:
…contrary to apparently popular belief, “drafting error” is not a magic word that forces the Supreme Court to give you a mulligan.
Read, as they say, the whole thing. There’s some good bits in there about why it is that our legal system has a certain bias against leaning too heavily on individual memory as evidence. Simply put: people remember things essentially by telling themselves stories in their heads. When the story changes, the same people will often forget the old version. And they can get a nasty, but legitimate shock when actual evidence appears that demonstrates that the new story is incorrect. This is actually an interesting neurological… condition? Situation? Party trick? One of those, anyway.
PS: I can’t help but notice that a lot of the non-lawyer defendant arguments about King v. Burwell are starting to sound like rationalizations for why the Left should be angry about the Supreme Court’s upcoming decision in King v. Burwell. Go figure.