Discussion: D.C. Circuit Will Re-Hear Decision Against Obamacare Subsidies

TPM Article Topics
21

The Republican plan to repeal Obamacare would lead to thousands upon thousands of American deaths.

Republicans are just using ISIS to distract us from our true threat: Republicans.

4 Likes
22

Well said, and, to quote Mona Lisa Vito, dead-on-balls accurate.

3 Likes
23

Thanks so much for the explanation. Thatā€™s how Iā€™d come to understand it, but wasnā€™t sure I had the information correct. It can all be very confusing.

24

My feeling exactly. Roberts already had the chance to rule it unconstitutional on an actual debatable, substantive issue, and didnā€™t. Itā€™s unlikely heā€™d want to do so on this flimsy one, though Iā€™m sure he doesnā€™t even want to take it up if he doesnā€™t have to.

1 Like
25

No, SCOTUS can do whatever it damn well pleases. If you read SCOTUSblog after their original ruling you will see where Roberts left themselves wiggle room to rule on the law in a piecemeal fashion same as Conservatards have gone after Roe, Brown, Voting Rights Act and on down the line.

2 Likes
26

Have you never heard of Bush v. Gore?

5 Likes
27

Interesting, relevant point, rb369!

And one not pointed even out let alone up by other analysts, so far as Iā€™m aware.

Thanks.

28

ā€œIronclad.ā€

One word.

30

Thatā€™s pretty much what a whole bunch of federal judges are thinking.

They just take 43 pages of gussied-up ā€œlegaleseā€ to say it.

I miss the succinct, colloquial incisiveness of Learned Hand and Benjamin Cardozo at their best.

The likes of Posner are beginning to appreciate that more and more, I believe (or at least hope).

Yes, breadth and depth have their place in stare decisis, but so does terseness.

31

Hi beej. Nice to see you. Say goodnight, Gracie.

3 Likes
32

Methinks ā€œRepeal Every Wordā€ just went sailing over the Carcharadon carchariusā€¦

https://i.chzbgr.com/maxW500/3968434176/hD34A3318/

33

It isnā€™t government healthcare. That is unless Blue Cross Blue Shield, Kaiser Permanente, Aetna etc etc etc etc are all now government entities.

You really need to stop posting, you just sillier and sillier each time you do.

1 Like
34

Thatā€™s just EG/Beejā€”heā€™s already been sent back to Troll Central.

35

He canā€™t, Iā€™m afraid, having been banned for what must now be the eleventy-bajillionth time.

1 Like
36

If the court has agreed to an en banc hearing then the original decision is going to be overturned. An en banc hearing is not an automatic appeal nor a right of a litigant. It has to be requested by petition, and would not be granted unless the court intended to overturn.

1 Like
37

ā€œSecond Spoiler Alertā€

We need a democrat in the WH in 2016 appointing judges so shield your egos, or risk a Third Spoiler Alert.

1 Like
38

Yeah, usually heā€™s gone before I even get a chance to see him. He doesnā€™t seem to realize that, although he can change his nym, he canā€™t change his stupid.

2 Likes
39

The SCOTUS is likely to hear it again anyway, even if it is reversed here. The conservative block will likely be keen to kill it and give Obama a black eye. I hate to be jaded but a few of them are against it period. And probably enough to warrant it. Nothing really to stop them.

40

@PluckyInKY Said: ā€œIs that true or is my L&O degree failing me again?ā€

Yes you are right.

@AntiSachetDeThe Said: ā€œWhen there is unanimity in the Appeals rulings, the Supremes can duck a ā€œhotā€ topic.ā€

You are right but four of the justices are mad men these days. They donā€™t know how or what to duck.

41

That information is not cleared for release until TPM discovers another existential threat to Obmamacare to take the place of the subsidy issue.

1 Like