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View Diary: D.C. Circuit Withdraws Halbig, the Anti-Obamacare Decision (114 comments)

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  •  I agree on both. (8+ / 0-)

    Back room deal and ridiculous decision.  

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    by TomP on Thu Sep 04, 2014 at 08:11:49 AM PDT

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    •  It's going to SCOTUS...it will have to... (1+ / 0-)
      Recommended by:
      Bourbaki

      There is a case in Indiana that will find its way to the 7th Circuit Court of Appeals at some point. Take a look at the makeup of that appeals court. There are more REAGAN-APPOINTED justices than justices appointed by Democratic presidents combined.

      I have long thought that the D.C circuit would reverse this panel decision, but the reality is, THIS SCOTUS will hear this case...and I don't think it will end well our the ACA and its subsidies. We can call it a typo, but SCOTUS will tell our side to have congress change the law...and it won't.

      If my wife and kids were stuck in a sewer country, I would break down the gates of hell and burn there to clear a path for my wife and babies to a place like America...immigration policies be damned.

      by Love Me Slender on Thu Sep 04, 2014 at 09:06:27 AM PDT

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      •  That's what we thought when they took the (3+ / 0-)
        Recommended by:
        TomP, Angie in WA State, jj32

        original case against the ACA. Since they allowed it to go forward then, I don't see them reversing themselves now that it's up and running.

        •  It wouldn't be "reversing" itself... (1+ / 0-)
          Recommended by:
          TomP

          This is an entirely different issue. The 2012 challenge was relative to the constitutionality of the law and the mandate to buy health insurance. This challenge has to do with the wording of the law and what it does or does not cover relative to the subsidies...an entirely different matter.

          The language of the law is clear with regards to the subsidies. We would be asking SCOTUS to divine intent, and I don't see them doing that (well, not 5 of them, anyway).

          Remember, in 2012, SCOTUS basically told the GOP to repeal the law if they didn't like it.

          This time, SCOTUS will tell our side that if we mean for the subsidies to cover ALL exchanges, then we need to have congress change the law so the language reflects that explicitly.

          If my wife and kids were stuck in a sewer country, I would break down the gates of hell and burn there to clear a path for my wife and babies to a place like America...immigration policies be damned.

          by Love Me Slender on Thu Sep 04, 2014 at 09:25:26 AM PDT

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          •  It would pretty much destroy the ACA. (3+ / 0-)
            Recommended by:
            TomP, antooo, jj32

            Their decision in the first case would indicate that's not their intent.

          •  Actually, the language is by no (4+ / 0-)
            Recommended by:
            TomP, jrand, NYFM, Armando

            means clear.  It is ambiguous, which, under Chevron, means that they go with the regulatory ruling.  REally, the DC circuit's decision was wrong on the law.  Clearly wrong on the law -- as the Fourth Circuit realized (and, which other circuits will also realize).
            This will, in the long run, probably go to SCOTUS, but not before the Oct 2015 term.

            Anyone arguing that there's no difference between the parties is a fucking moron who can simply go to hell. -- kos

            by Its the Supreme Court Stupid on Thu Sep 04, 2014 at 09:42:49 AM PDT

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            •  I don't know which law you are reading... (0+ / 0-)

              The black-letter language with regards to the subsidies, as the law is currently written, is clear as day: State exchange policy holders get the subsidies, not those with policies through the federal exchanges.

              Now, I do agree that this goes to SCOTUS...though I think it will be decided before you guys do.

              If my wife and kids were stuck in a sewer country, I would break down the gates of hell and burn there to clear a path for my wife and babies to a place like America...immigration policies be damned.

              by Love Me Slender on Thu Sep 04, 2014 at 03:44:47 PM PDT

              [ Parent ]

      •  Posner votes differently now. (2+ / 0-)

        Join us on the Black Kos front porch to review news and views written from a black pov—everyone is welcome.

        by TomP on Thu Sep 04, 2014 at 10:13:00 AM PDT

        [ Parent ]

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