The Republicans will spin this to their brainwashed marks as Obama’s fault. Fox News and the rest of the Republican Propaganda Machine will BS about Obama taking away people’s health care. And the Republican Base will believe that no matter what.
Based on the callers I deal with every day, I hear so much hatred of the President. It’s far worse than it was in 2010. I’m expecting a major GOP tidal wave on Election Day.
John Roberts does not want his legacy to be that of taking away health insurance from millions of Americans because of a drafting error.
It is much easier taking away a future benefit like Medicaid expansion than it is to take away benefits that people already have. Imagine the shit storm that will be created if the SCOTUS removed the subsidies for a legally dubious reason.
Adler somewhere between argues and implies that there’s a policy in the DC Circuit against en banc re-hearings.
But he doesn’t base that on the existence of any such stated policy. Rather, he MANUFACTURES it from two things:
A. Adler’s assertion that the DC Circuit historically has granted less en banc re-hearing requests compared to other federal Circuits, and
B. stretching the bejeebers out of something the dissenting judge in this Halbig case, Judge Edwards, wrote on another case 27 years ago, that itself does not assert the existence of any such policy.
What Adler doesn’t give us includes:
Sample size:
At what point does a given Circuit’s record of granting a certain sort of order become meaningful in some objective sense? Adler doesn’t even consider this.
Nature of the particular Circuit court:
Due to the nature of what gets before the DC Circut:
the members all resides in and around DC;
the case load tends to be quite a bit lighter over-all; and
the members of the court tend to be people who’ve already been judges in other courts, including other federal district courts.
What gets before the DC Circuit that tends not, or not so much, to get before other circuit courts?
National security cases and challenges between the branches, that’s what.
What does all these peculiar features produce?
a) a lot of opportunity and time available for the members of the Circuit to consult with each other – which itself tends to lessen the likelihood of needing as much in the way of en banc reviews as other courts, some of which cover vast geographical expanses of the nation and have judges living hundreds of miles or more apart; and
b) a membership which, as a group, is a helluva lot more alert to, knowledgeable of, sensitive to and savvy about political and politicized cases and their potential impact on the nation than in other Circuit.
So, what happened in Halbig? What happened is that – despite that the Circuit NOW is made up of sufficient Dem appointees that this is currently less likely than in recent years – two of the most, if not actually THE TWO MOST, politically partisan wingnut judges on the DC Circuit mananaged to get hold of this case and spew out some choice Federalist Sociey legalish horse shit no doubt custom made for them out of, and with the approval of, a number of big time DC conserative and Republicant wank tanks.
Bottom line: The reason Adler’s making this crappy pitch is he knows the opinion will be reversed en banc and AT THAT POINT the number of SCOTUS judges with good reason not to grant certiorari on Halbig will total six (6) - meaning, Halbig’s not getting it’s day before the Almighty Baal, uh, the SCOTUS.
If this case is not important enough for the whole D.C. Circuit Court to consider then it must not be important enough for the whole Supreme Court to consider. Let’s just let The Notorious R.B.G. take a whack at it and call it a day.
Republicans who are so hell bent to deny millions the heath care that insurance provides makes them a bunch of dicks, the kindest thing I can come up with!
In a normal world, the attempt to wrench health care subsidies from the hands of working class Americans would be so politically toxic that no one would dare try it. Alas, not here, not now.
I love that the Koch-suckers are still flushing millions to defeat O-care, apparently oblivious to the fact that any GOP scumbag politician in a close race won’t dare take health care away from newly-covered constituents. The attempt to roll-back O-care is sublime in its costly stupidity.
Never have I seen a group of people so absolutely gleeful about taking away the access to affordable health care coverage. To me, it seems they won’t be happy until the can dismantle everything about the ACA (except the manadate, of course…got to have that since it guarantees lots of money for the insurance companies (due to a ‘captive’ citizenry) and a lot of money to the government (in the form of huge fines, which I know damn well the right wing in this nation would want to see).
Thank you for this. This is my assumption. Try running for governor or anything else in Pennsylvania and explaining why you are refusing to create an exchange because you have decided that your constituents should forgo health insurance to serve as an example of true conservative principles to the rest of the nation. It’s already a huge issue that they have refused to expand Medicaid. I am sure John Kasich, for instance, will rise to the challenge since he defied his own party to expand Medicaid. The real problem is for exchange buyers in states like Georgia and Texas.
He also failed to consider something that would definitely have gotten attention in the court I worked for – one of the judges in the majority is not actually a member of the court but sitting by designation from a district court. In run of the mill cases that’s not a big deal, but in an important legal precedent, one would hope that the D.C. Circuit wants its decisions to actually reflect the consensus of the judges serving on the D.C. Circuit.
The amount of hand wringing and bloviating and poorly informed speculation seems to be at an all time high in journalistic endeavors of all kinds.
Taliban will be Taliban regardless of their religion. Osama bin Laden would be drooling over an opportunity to kill so many Americans yearly (about 40,000 die yearly from treatable ailments) with no risk to himself – that is…if there is no President Obama to have him whacked.