Discussion: Separate Federal Appeals Court Upholds Obamacare Subsidies

Discussion for article #225390

Once the 1st circuit reverses its ruling in an en banc decision, the SCOTUS will be able to simply not grant cert on the inevitable appeals to both decisions, thus allowing the subsidies to stand.

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I was wondering about this. Are you certain of it?

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Ditto. Wondering also. Do you have a link that supports this?

What will Boehner say now?

Crickets.

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Does that mean that the Supreme Court won’t take this on at all?

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Damn!! That means we are still saddled with the burden of this affordable insurance that can’t be denied because of pre-existing conditions??

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The 1st circuit court is comprised of 8 Democratic appointees and 5 Republican appointees. The three judge panel that made the ruling was comprised of 2 Republican Appointees and 1 Democratic Appointee. The Administration will request an en banc ruling from the first circuit court and it will overturn the three judge panel’s ruling. Both the 4th and the 1st will be appealed to the SCOTUS and the SCOTUS can rule without ruling by simply denying cert in both cases, making it clear nationwide that the subsidies are within the law.

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Thanks. But the operative word in your reply is can. I hope that they do but it appears less certain than your original comment sounded.

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Why would the 5 conservatives on the SCOTUS do that when they have their chance to gut the ACA? What makes you think they will not take the case?

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Roberts does not want to gut ACA. He had a much better chance to do that earlier and he punted. He’s got legacy on his mind and right now his legacy sucks.

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Sanity.

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Question: If the decision stands, given the current Republican definition of allowing a tax cut to expire as a raising taxes, doesn’t a Republican refusal to fix the language in the law amount to Republicans burdening the Americans with a huge tax hike?

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With regard to trying to make the ACA work, I have got to believe that there would be more public pressure from people who are benefitting from affordable health care than from hillbilly ideologues.

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It has to be reiterated here that these two fucking assholes on the DC court are full metal activist wingnuts. The absolute worst of the worst. This is why Reid nuked the filibuster.

This could be political gold for Democrats if they’d wake the fuck up.

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And a tax hike targeted at the 36 mostly red states who refused to set up their own exchanges!

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Yeah, but they are working class Americans, and the GOP has no problem taxing and screwing them.

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Yeah, but that’s because of freedom and Jesus and everything…

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Great. So will we see story after story from TPM about how great this is, or only the “nightmare scenarios” discussion, sprinkled with some gloomy predictions about how the Supreme Court will rule?

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They had their chance to gut it by striking down the individual mandate but did not.

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