Apparently someone DID read the bill, Mrs Pelosi. Unfortunately for your boss, things did not go well:
The ruling, if upheld, could potentially be more damaging to the law than last month’s Supreme Court decision on contraceptives. The three-judge panel of the D.C. Circuit Court of Appeals sided with plaintiffs who argued that the language of the law barred the government from giving subsidies to people in states that chose not to set up their own insurance marketplaces. Twenty-seven states, most with Republican leaders who oppose the law, decided against setting up marketplaces, and another nine states partially opted out.
Many people, including Lawrence Tribe, Obama’s old law professor, knew this was coming. Time to pass the popcorn:
The decision by the three-judge panel in DC federal appeals circuit is the most serious challenge to the underpinnings of the Affordable Care Act since a challenge to that law’s constitutionality was heard by US Supreme Court. The high court in 2012 upheld most of the ACA, including the mandate that most people must get insurance or pay a fine.
Tuesday’s bombshell ruling by the appeals court is expected to be met by Obama Administration asking for a panel made up of all the judges in the same circuit to review the ruling.
If it fails at that level, the administration can ask the Supreme Court to reverse the ruling.
While this will cause mass hysteria within the statist elite circles, we, who have opposed the entire clusterfark that was deemed “affordable healthcare” hoisted onto Americans THAT DID NOT WANT IT, can cautiously celebrate yet another blow to Obamacare.
I’ll take it.
After watching this administration run roughshod over the Constitution and entire legal system for 5+ years, I have no illusions about how this will turn out.
Meanwhile Josh in all his Earnestnes stated yesterday afternoon
‘This ruling does not have any practical impact on their ability to receive tax credits right now. Right now there are millions of Americans all across the country who are receiving tax credits from the federal government as a result of the Affordable Care Act. While this ruling is interesting to legal theorists it has no practical impact on their tax credits right not.” In other words WAAAAHHH We don’t hafta do what you say! So There! *so thrilled we are being led by a pack of knaves and fools …
The subsequent information you need to cover:
As NDB points out, the administration has basically said “Oh yeah? Who’s gonna stop us?” by saying they will carry on with the subsidies regardless of the DC Circuit ruling.
The 4th Circuit basically contradicted the DC Circuit. Bad legal reasoning, but they still did so. This puts it in conflict with the DC ruling, setting up a SCOTUS round.
But… if the DC Circuit agrees to an en banc hearing, they will probably side with the President (given how he has stocked it with political cronies), which will mean no conflict, enabling SCOTUS to skate from having to make a decision.
Egad, who knew the downfall of an entire nation could be such an exciting ride? Whee!
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