Discussion: Appeals Court Deals Major Blow To Obamacare

Discussion for article #225375

The republicans are trying to destroy/deny health care for people slowly but surely. They want to go back to insurance companies running our health.

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I’d like to think that the insurance industry would pressure Republicans in Congress to go along with a fix for this, given that they have billions of dollars at stake.

But it gives Republicans an opportunity to stick it to the nigg…excuse me, the President, so I expect they’ll simply do what they always do - filibuster.

How unfortunate for all of us.

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I think that the insurance companies won’t stand for this.

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So now can it go before the whole bench? Is that what happens next?

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Poor drafting, shit happens. In the normal world there would be a corrections act.

Of course, this means citizens in a lot of red states are going to suffer. If Democrats were smart they would use this as a tool to run Republicans out of state government in those states. Of course they won’t. National Democrats are content to stay put in their blue states. Thanks Rahm Emmanuel.

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MY,my my, look what we have here Mr. Sooner. Another link to this story is CNBC.COM. So what i said last night is mostly true about the subsidies. After 3 yrs. when federal money runs out to buy all these people insurance [or help] bye bye. I am waiting ???

I assume they’ll file for en banc review by the entire court. I don’t know the likely outcome of that because I don’t know the political breakdown of the DC Circuit right now – I think I read that after Reid ditched the filibuster and Obama’s nominees were confirmed, it is a slightly dem-appointed court but I can’t be sure of that.

Edit: “The impending confirmation of Millett and two additional Obama nominees to the D.C. Circuit, expected by Christmas, will mean seven Democratic-appointed full-time judges compared with four Republican-appointed ones on a court that hears many of the most important cases on the powers of the federal government. The court has been evenly composed of Democratic- and Republican-appointed judges since Sri Srinivasan was confirmed in May.”
http://www.washingtonpost.com/politics/obama-judicial-nominees-poised-to-join-powerful-dc-circuit-court-of-appeals/2013/12/08/047dd476-604d-11e3-8beb-3f9a9942850f_story.html

So, I’d say the chances are fairly good that en banc review will reverse. And then it’ll go to the SCT. Honestly, from what I know of this, the statutory language itself is clear and not in favor of the subsidies – it is very poorly written because it was assumed that states would establish exchanges. The language then conflicts with the obvious purpose and intent. How that plays out on the SCT I don’t know – well, we do know as far as Scalia/Thomas/Alito go, but Kennedy could go either way and even Roberts might see the insanity of it.

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The states willfully deferred to the federal exchanges, though. There is some exceptionally convoluted thinking going on here.

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I expect the folks at fox news are all giddy that millions of Americans will be without healthcare coverage. It makes me sick to my stomach, this is truly depressing news.

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That is what I say. The States had the Feds do it for them, pretty simple. By this court’s logic any state that had a private contractor do the development for them would also not get subsidies because “the state” did not implement it.

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Free at last!! Free from the burden of affordable health insurance irrespective of pre-existing conditions and payout limits!! Thanks GOP!!

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Citizens of red states will be dancing in the potholes. Destruction of a functioning society is what they’ve been demanding for years.

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i guess that’s what Obama gets for trying to please republicans and implement this needlessly complex system that gives insurance companies even more money instead of a universal health care program.

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Yes, it is clearly Obama’s fault. /snark

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No fix is required. Standard interpretation of statutes orthodoxy requires that the courts assume that Congress did not pass provisions without meaning and that the courts avoid interpreting statutes in a manner that creates absurdity or frustrates the clear intention of Congress. The 2 Republicant majority has chosen to go with a tortured ‘Federalist Society’-concocted interpretation which negates Congress’ intent and creates a wholesale absurdity.

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Why would they not ask for an en banc ruling?

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Am I safe in assuming, because the article doesn’t say so, that the three judge panel did not stay their own ruling pending the inevitable appeal?

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It’s slanted perspectives like this that assume every citizen in a red state supports this ruling.
Open the other eye.
Things might appear less myopic.

jw1

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Well, they will. Plus a stay pending hearing - which they’ll get as a matter of course. But an appeal from there would go to the SCOTUS, and one can readily imagine the heat that’s going to be applied to CJ Roberts.

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