General Discussion
In reply to the discussion: Kagan Throws Scalia's Own Religious Liberty Arguments Back In His Face - TPMDC [View all]Rstrstx
(1,410 posts)It's just now being heard by the DC court of appeals after being upheld by a lower court.
Yes you're right that it would be a disaster, but I'd put the odds of this getting upheld by the SCOTUS as slim. The lower judge in his ruling stated that "the Court finds that the plain text of the statute, the statutory structure, and the statutory purpose make clear that Congress intended to make premium tax credits available on both state-run and federally-facilitated Exchanges".
A few other similar cases are making the rounds through the lower levels but I don't see this gaining much traction.
One thing I'm confused about is how the case made it before a judge in the first place; I thought for someone to bring a case before the court they would have to be adversely affected in some way. I don't see how someone challenging the subsidy would have any standing, how could they be harmed, suffer damages or otherwise be adversely affected? Even proponents of these challenges admit it's a long shot.