Page 14 of 37 FirstFirst ... 4121314151624 ... LastLast
Results 131 to 140 of 366

Thread: Federal Court rules Most obamacare subsidies Illegal[W:286]

  1. #131
    Sage
    jmotivator's Avatar
    Join Date
    Feb 2013
    Location
    Virginia
    Last Seen
    Today @ 12:11 PM
    Gender
    Lean
    Conservative
    Posts
    16,662

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by Samhain View Post
    SCOTUS recently came down pretty hard on an agency's regulatory powers( UAR Group v EPA ).

    It was a 9-0 decision that stated


    I would think that section # designations are quite unambiguous and is outside the IRS' power to regulate what isn't written.
    Exactly. The law is clear. If the authors meant something else then they sure did a piss poor job of writing the bill, going so far as to repeat the omission of 1321 from more than just the section in question.

    I don't think Democrats, liberals and progressives have adequately considered the ramifications of a ruling in favor of the IRS here. They obviously believe they will always be in charge forever.

    I don't want a Republican administration granted such powers either.
    Give a man a fish and he eats for a day. Teach a man to fish and he stops voting for the Free Fish party.

  2. #132
    Guru
    The Man's Avatar
    Join Date
    Jun 2012
    Location
    York, Pennsylvania
    Last Seen
    Today @ 12:02 PM
    Lean
    Undisclosed
    Posts
    4,722

    Federal Court rules Most obamacare subsidies Illegal

    Quote Originally Posted by Moot View Post
    Consider this.....


    One district court ruled 2-1 against ACA. Another district court ruled 3-0 in favor of ACA. That's already 4-2 in ACA favor. If the full DC Circuit court rules against the ACA then I will be very surprised. But then and only then would it go to the SCOTUS and they have already ruled on the constitutionality of the ACA so I doubt they will take it on but rather send it back to the lower courts.
    The SCOTUS didn't rule on the constitutionality of the ACA. They only ruled on what was brought before them to judge: The individual mandate and Medicaid expansion.

  3. #133
    Sage
    jmotivator's Avatar
    Join Date
    Feb 2013
    Location
    Virginia
    Last Seen
    Today @ 12:11 PM
    Gender
    Lean
    Conservative
    Posts
    16,662

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by Moot View Post
    I doubt the administration is going to appeal the second ruling that was in their favor....and they've already said they're going to call for a full review of the first ruling by the FULL DC Circuit court of appeals panel. Did I mention that full DC Circuit court now has a majority of liberal appointed judges?
    You do realize that the other side also has the ability to appeal a ruling, yes?

    It is also interesting that you assume that the ruling of the full panel will simply be a function of their political bias.
    Last edited by jmotivator; 07-23-14 at 04:46 PM.
    Give a man a fish and he eats for a day. Teach a man to fish and he stops voting for the Free Fish party.

  4. #134
    Sage
    Moot's Avatar
    Join Date
    Oct 2006
    Location
    Utah
    Last Seen
    Today @ 03:31 AM
    Lean
    Undisclosed
    Posts
    27,460

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by jmotivator View Post
    You do realize that the other side also has the power to appeal a ruling too, yes?
    Appeal an appeal? Not sure but I think it's the defendant that usually gets to appeal, not the plaintiff since the lawsuit is considered an appeal.



    Either way, I think the SCOTUS will still send it back to the lower court if it even gets that far.

  5. #135
    Sage
    Moot's Avatar
    Join Date
    Oct 2006
    Location
    Utah
    Last Seen
    Today @ 03:31 AM
    Lean
    Undisclosed
    Posts
    27,460

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by jmotivator View Post
    You do realize that the other side also has the ability to appeal a ruling, yes?

    It is also interesting that you assume that the ruling of the full panel will simply be a function of their political bias.

    No one seems to deny that the SCOTUS has political bias in favor of conservatives. Isn't that why you hope it goes to the SCOTUS?

  6. #136
    Sage
    Erod's Avatar
    Join Date
    Aug 2008
    Location
    North Texas
    Last Seen
    Yesterday @ 08:15 PM
    Lean
    Conservative
    Posts
    13,036

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by Moot View Post
    No one seems to deny that the SCOTUS has political bias in favor of conservatives. Isn't that why you hope it goes to the SCOTUS?
    It should have a bias toward the Constitution of the United States. As such, the ACA would have been defeated, 9-0.

  7. #137
    Guru
    Samhain's Avatar
    Join Date
    Sep 2011
    Location
    Northern Ohio
    Last Seen
    Today @ 11:32 AM
    Lean
    Libertarian
    Posts
    3,881

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by Moot View Post
    Appeal an appeal? Not sure but I think it's the defendant that usually gets to appeal, not the plaintiff since the lawsuit is considered an appeal.



    Either way, I think the SCOTUS will still send it back to the lower court if it even gets that far.
    Anyone involved can appeal a decision(except the prosecution in a criminal case), sometimes even if you win.

    The Appeals Process

    SCOTUS has already shown interest in deciding cases that relate to a government agency's regulatory powers.

    Quote Originally Posted by Moot View Post
    No one seems to deny that the SCOTUS has political bias in favor of conservatives. Isn't that why you hope it goes to the SCOTUS?
    Appeals to the SCOTUS are for final resolution. If the full DC court upholds the decision, would you accept it? No, you would want the SCOTUS to hear it. Its like going to dad when the babysitter says no.

  8. #138
    Sage
    Moot's Avatar
    Join Date
    Oct 2006
    Location
    Utah
    Last Seen
    Today @ 03:31 AM
    Lean
    Undisclosed
    Posts
    27,460

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by The Man View Post
    The SCOTUS didn't rule on the constitutionality of the ACA. They only ruled on what was brought before them to judge: The individual mandate and Medicaid expansion.
    They ruled that both the individual mandate and Medicaid expansion were constitutional but limited Medicaid expansion in that the federal government couldn't punish the non-complying states by taking away their existing Medicaid funding.....


    The Court upheld the individual mandate, perhaps the most controversial provision of the ACA, but limited the expansion of Medicaid under the ACA. All provisions of the ACA will continue to be in effect, with some limits on the Medicaid expansion. In order to prevent a constitutional violation due to the Medicaid expansion portion of the ACA, the Court held that the Secretary of the Department of Health and Human Services ("Secretary") is not permitted to apply 1396c of the Act to withdraw existing Medicaid funds to a state for failing to comply with the requirements set out in the expansion provisions.....
    Analysis: U.S. Supreme Court Upholds the Affordable Care Act: Roberts Rules? | The National Law Review


    If the idea is to expand Medicaid then it makes sense that existing funding for Medicaid shouldn't be taken away as punishment for not complying with the expansion.

  9. #139
    Guru
    The Man's Avatar
    Join Date
    Jun 2012
    Location
    York, Pennsylvania
    Last Seen
    Today @ 12:02 PM
    Lean
    Undisclosed
    Posts
    4,722

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by Moot View Post
    They ruled that both the individual mandate and Medicaid expansion were constitutional but limited Medicaid expansion in that the federal government couldn't punish the non-complying states by taking away their existing Medicaid funding.....



    Analysis: U.S. Supreme Court Upholds the Affordable Care Act: Roberts Rules? | The National Law Review


    If the idea is to expand Medicaid then it makes sense that existing funding for Medicaid shouldn't be taken away as punishment for not complying with the expansion.
    They ruled that Medicaid expansion is up to individual states' decision. My point was, the SCOTUS did not rule on the ACA. The SCOTUS ruled on two provisions of the ACA that were brought before them. They did not rule on subsidies.

  10. #140
    Sage
    Moot's Avatar
    Join Date
    Oct 2006
    Location
    Utah
    Last Seen
    Today @ 03:31 AM
    Lean
    Undisclosed
    Posts
    27,460

    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by The Man View Post
    They ruled that Medicaid expansion is up to individual states' decision. My point was, the SCOTUS did not rule on the ACA. The SCOTUS ruled on two provisions of the ACA that were brought before them. They did not rule on subsidies.
    Medicaid is a federal and state subsidy for health insurance. The court ruled that the expansion of Medicaid is constitutional which can only happen if existing subsidies for Medicaid are constitutional as well.

Page 14 of 37 FirstFirst ... 4121314151624 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •