Latest Breaking News

Morganfleeman

(117 posts)

67. Not a good thing

Tue Jul 22, 2014, 12:14 PM

Jul 2014

Except from MAYBE the GOTV perspective, but the reality is that the en banc D.C. Circuit Court will overturn this decision and it will end up in the hands of SCOTUS and SCOTUS will strike down subsidies for persons in States with no exchange. I don't buy that Roberts will show restraint here, because in this case all he has to do is point to the plain text of the law to nullify the subsidies. He doesn't have to engage in contortions like it seemed he felt was necessary in the last big challenge to the ACA. The first canon of statutory construction is you refer in the first instance to the plain language of the law. Congress erred here, and it's bound to be a catastrophic mistake.

Once SCOTUS strikes down the subsidies, premiums in due course will skyrocket. Coverage will be dropped by many consumers and risk corridors may be insufficient to stem the bleeding that insurance companies will undergo. You would need States to set up their own exchanges, which may take time. But if States do not pursue setting up exchanges, the law becomes uneconomical.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

127 replies

= new reply since forum marked as read

Highlight:

BREAKING: Federals Appeals Court Delivers Serious Setback To Obama Health Care Law [View all] kpete Jul 2014 OP

nothing at the link. mopinko Jul 2014 #1

so far kpete Jul 2014 #2

A little more here FBaggins Jul 2014 #4

This is horrible news. KaryninMiami Jul 2014 #15

And IN too. Brigid Jul 2014 #22

Rick Scott will hopefully be gone in the fall. RedSpartan Jul 2014 #26

Here in IN, Brigid Jul 2014 #29

I know Proud Liberal Dem Jul 2014 #31

Do you have recall? politicat Jul 2014 #106

No, we don't do recalls here. Brigid Jul 2014 #107

Recalls have their uses. politicat Jul 2014 #108

Still a solid Republican Legislature madville Jul 2014 #49

I'd assume PatrynXX Jul 2014 #27

This decision, as well as the insurance industry, RedSpartan Jul 2014 #36

Doesn't matter who's governor in FL lark Jul 2014 #91

Make sure the representative and senator from your district are Democrats. JDPriestly Jul 2014 #104

I hope the voters of Florida have enough sense to drop that crook and creature! n/t RKP5637 Jul 2014 #78

So, get out and make sure your state legislature has a Democratic majority. JDPriestly Jul 2014 #103

more info n2doc Jul 2014 #3

They have order to defund obamacare n/t5 Joel thakkar Jul 2014 #5

So does this mean my insurance in WI EC Jul 2014 #6

No. conservaphobe Jul 2014 #8

This message was self-deleted by its author lostincalifornia Jul 2014 #12

I suspect ... 1StrongBlackMan Jul 2014 #23

SINGLE-PAYER!! nt kelliekat44 Jul 2014 #28

Single-payer will be a possibility cheapdate Jul 2014 #75

This message was self-deleted by its author lostincalifornia Jul 2014 #81

Medicare Buy In! BrotherIvan Jul 2014 #59

20,000,000, at least! ... 1StrongBlackMan Jul 2014 #62

It would make Medicare even more affordable in the end BrotherIvan Jul 2014 #70

Forgot to add, the subsidies could be a tiered Medicare buy in BrotherIvan Jul 2014 #72

This message was self-deleted by its author lostincalifornia Jul 2014 #80

If not reversed by the full panel, this will definitely be reversed by SCOTUS. Nye Bevan Jul 2014 #7

I think you give John Roberts way too much credit nt geek tragedy Jul 2014 #10

He got really, really creative to preserve the ACA the first time around. Nye Bevan Jul 2014 #16

This is a much cleaner avenue for them. They don't have to geek tragedy Jul 2014 #20

I agree - you can't write the law wrong and then expect the courts to enforce what you wanted. Red State Rebel Jul 2014 #44

I'm more than ever convinced... vi5 Jul 2014 #101

+1. When it's all over and done with, the only thing left of ObamaCare will be the tax. blkmusclmachine Jul 2014 #110

Not correct. tabasco Jul 2014 #30

The reports I have read is Roberts wrote BOTH opinions. happyslug Jul 2014 #97

When predicating a court ruling never say "definitely." totodeinhere Jul 2014 #43

He just wants to preserve the profiteers' part of it Doctor_J Jul 2014 #48

Maybe then you'll get single payer! IronLionZion Jul 2014 #64

when hell freezes over Doctor_J Jul 2014 #95

^This.^ blkmusclmachine Jul 2014 #111

I'm glad you have so much faith in the worst court in living memory. Warren Stupidity Jul 2014 #52

Am I the only one who remembers Roberts twisting himself into knots to preserve the ACA Nye Bevan Jul 2014 #54

He looked so much like a pretzel after the initial ACA decision amandabeech Jul 2014 #89

Right. So he's not about to suddenly say "never mind", Nye Bevan Jul 2014 #100

I hope not, but sometimes when many people have a hand in drawing up and amandabeech Jul 2014 #105

I think you misjudge Roberts and his motivations.... S_B_Jackson Jul 2014 #124

I'm pretty sure he sees preserving the ACA as a cheap and easy way of keeping some heat off him, Nye Bevan Jul 2014 #125

Roberts is a preening peacock who is puffed up with his own self-importance S_B_Jackson Jul 2014 #127

I think you can count on John Roberts to vote against Obama. zeemike Jul 2014 #73

Republicans War on People continues n/t geomon666 Jul 2014 #9

and a GREAT 2014 Mid-term Strategy! Chasstev365 Jul 2014 #71

The real war on life is the war against allowing every citizen to have healthcare davidpdx Jul 2014 #117

Oh shit. We have too many activist judges. jwirr Jul 2014 #11

Here's one: Brigid Jul 2014 #13

it will go to the full district rdking647 Jul 2014 #14

The full DC circuit will side with Obamacare, doubt the Supreme Court will Alhena Jul 2014 #19

hopefully the appeals court sides with obama rdking647 Jul 2014 #33

in addition the dems may have gotten a campagin issue on a silver platter rdking647 Jul 2014 #17

Message auto-removed Name removed Jul 2014 #32

Welcome to DU and the fact is the GOP will not fix the issue in congress so they will have to answer hrmjustin Jul 2014 #40

You really expect our current batch of pollyanna DEMS to push ACA repeal as an election issue?? Why, blkmusclmachine Jul 2014 #113

F the red states IronLionZion Jul 2014 #18

Remember all the complaints about how the bill was too long to read, hedgehog Jul 2014 #21

^^^this^^^ mopinko Jul 2014 #38

I've read that these happen slot and are usually fixed underpants Jul 2014 #46

We used the Federal exchange... and our family OKNancy Jul 2014 #24

Encourage people you know to change their vote to Democrat in November. nt kelliekat44 Jul 2014 #41

Be careful.... Swede Atlanta Jul 2014 #42

Oregon lululu Jul 2014 #63

I fuckin' dare you Z_California Jul 2014 #25

Scalia won't let you. He's gonna have to retire feet first before any of you ever get anythng even blkmusclmachine Jul 2014 #114

shit. n/t Jefferson23 Jul 2014 #34

This is a potential setback.... Swede Atlanta Jul 2014 #35

More blowback from the original sell-out to vampire Insurance bread_and_roses Jul 2014 #37

Public Option was never going to pass. JoePhilly Jul 2014 #39

Feel free to explain how you get Lieberman to vote for public option. jeff47 Jul 2014 #60

the same way every Dem senator was made to vote yes for ACA TorchTheWitch Jul 2014 #121

Twisting what? jeff47 Jul 2014 #123

I hope the blow-back on governors in states w/o exchanges gets them voted out. herding cats Jul 2014 #45

It's amazing how some people would sue to appeal the government not to help others Xyzse Jul 2014 #47

Sociopathic, isn't it. blkmusclmachine Jul 2014 #115

Very much. It is disgusting. Xyzse Jul 2014 #118

in their own states! IronLionZion Jul 2014 #122

Relax. Means NOTHING. In fact ... a GOOD thing broadcaster75201 Jul 2014 #50

Not a good thing Morganfleeman Jul 2014 #67

Yes, plain language first, generally, but amandabeech Jul 2014 #90

Millions of people will lost health insurance because of this. Warren Stupidity Jul 2014 #51

So when people lose their health care... Courtesy Flush Jul 2014 #53

Sadly, the Republicans will never be held accountable. Americans are too fucking stupid! Liberal_Stalwart71 Jul 2014 #88

Significantly: elleng Jul 2014 #55

evil mofos Kali Jul 2014 #56

Can the President issue an executive order to lower the age requirement for Medicare muntrv Jul 2014 #57

Congress jeff47 Jul 2014 #61

Then the Democrats need to RUN on it and actually MEAN it BrotherIvan Jul 2014 #77

My God how I hate conservative rule. AllyCat Jul 2014 #58

Sounds like SCOTUS will overturn this... onehandle Jul 2014 #65

Karl Rove succeeded The Wizard Jul 2014 #66

This decision violates a lot of SCOTUS precident jeff47 Jul 2014 #68

Thanks to those who have explained this well. lovemydog Jul 2014 #69

But what is the definition of a state? thesquanderer Jul 2014 #74

Can we please put the blame where it belongs? Proud Public Servant Jul 2014 #76

Yes but there is the intervention of Congressional intent..... Swede Atlanta Jul 2014 #82

Unless, as the court held Proud Public Servant Jul 2014 #84

Doesn't matter whether its plausible Shivering Jemmy Jul 2014 #94

No, the blame belongs on Republican judges' crabbed reading of the ACA. SunSeeker Jul 2014 #99

The Administration will appeal to the full DC Circuit: RedSpartan Jul 2014 #79

This message was self-deleted by its author lostincalifornia Jul 2014 #83

One thing I like about this stuff going to the Supreme Court... yurbud Jul 2014 #85

Yes, but don't expect the "lib'rul media" to ever report on it that way. The MSM's job is to protect blkmusclmachine Jul 2014 #116

The subsidies will be protected. woo me with science Jul 2014 #86

The subsidies help the poor. joshcryer Jul 2014 #98

The 4th circuit just UPHELD the subsidies rdking647 Jul 2014 #87

There are more cases percolating at the District Court level in other circuits. amandabeech Jul 2014 #93

The fucking America hating criminals should be thrown out of our country... santamargarita Jul 2014 #92

Legal Insurrection is a right wing blog - could you please edit that link out, alp227 Jul 2014 #96

At what at point in Law School to they stop teaching justice? GeorgeGist Jul 2014 #102

This is proof that we need to have a revolution in this country to oust the Republican scumbags! Major Hogwash Jul 2014 #109

Good news, Major.. Cha Jul 2014 #112

Imagine that, 2 totally different results from 2 federal appeals courts about the same thing! Major Hogwash Jul 2014 #120

what committee wrote the law? quadrature Jul 2014 #119

Obama should say to the health insurance companies: yurbud Jul 2014 #126