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NRaleighLiberal

(61,875 posts)
Mon Nov 10, 2014, 05:36 PM Nov 2014

"Why The Supreme Court's Power Play Is Disturbing For Obamacare" - TPM [View all]

http://talkingpointsmemo.com/dc/supreme-court-king-halbig-obamacare

SAHIL KAPUR NOVEMBER 10, 2014, 1:29 PM EST

"The Supreme Court's surprising decision on Friday to take a case aimed at invalidating federal Obamacare subsidies for millions of Americans foreshadows troubling news for the health care law, legal experts say.

The justices' move to hear King v. Burwell came before a hearing next month in the D.C. Circuit Court of Appeals, which vacated a three-judge panel's July ruling against the subsidies and decided to review the case en banc. Two trial court judges and the 4th Circuit Court of Appeals upheld the subsidies, so there was no ongoing split in the circuit courts.

"I'm just stunned. I can't remember a time when a case was granted when there was a re-hearing pending in a circuit court," said Lucas A. Powe Jr., a Supreme Court historian at the University of Texas, Austin.

At issue is whether the language of the Obamacare statute restricts the premium tax credits to residents buying insurance from a state-run exchange, and prohibits the subsidies on the federal exchange which serves some 7 million Americans in 36 states. A ruling against the White House would blow a huge hole in Obamacare because the subsidies are critical to ensuring that lower-income Americans can afford insurance."

_______________snip____________ with much more to read.

worth the time to read. And a discussion.
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Very interesting procedural history, elleng Nov 2014 #1
What about equal protection. Would this have any affect? olegramps Nov 2014 #22
Probably not. elleng Nov 2014 #23
I don't see how the post by a CATO member has any effect on my question. olegramps Nov 2014 #24
'Equal protection' is elleng Nov 2014 #25
The Roberts court makes it's own law. Anything upaloopa Nov 2014 #26
And the road backwards continues... Rhiannon12866 Nov 2014 #2
K&R WorseBeforeBetter Nov 2014 #3
thanks! NRaleighLiberal Nov 2014 #4
Yes! I sat out in shorts and read for a while. WorseBeforeBetter Nov 2014 #5
I am hankering for a nice kayak. Enjoy it - cold stuff will be knocking on our door soon! NRaleighLiberal Nov 2014 #7
Then I'll sit out by the firepit and read! WorseBeforeBetter Nov 2014 #10
we do too. native New Englanders here, so the cool nights, smell of wood smoke - NRaleighLiberal Nov 2014 #12
Mahalo NRaleighLiberal K&R Cha Nov 2014 #6
and to you! NRaleighLiberal Nov 2014 #8
.. Cha Nov 2014 #9
This place is going to go apeshit bananas if the court disallows subsidies. N/t Calista241 Nov 2014 #11
One curious thing Rstrstx Nov 2014 #13
This is a very interesting article. riderinthestorm Nov 2014 #14
why not subsidies for red states too? greymattermom Nov 2014 #15
The law was written to not have federal subsidies so as to incentivize the states to create Nuclear Unicorn Nov 2014 #16
Why should what Gruber intended matter? drm604 Nov 2014 #17
What he intended is what he advised which is what was written into the law which the lawmakers Nuclear Unicorn Nov 2014 #19
In this case, the letter of the law is the problem. Savannahmann Nov 2014 #20
I am sure Justice Thomas will recuse himself Midnight Writer Nov 2014 #18
Yes bucolic_frolic Nov 2014 #21
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