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

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

    Quote Originally Posted by danarhea View Post
    OK, title is misleading. This was a panel in the DC court, not the full court. And 2 hours later, the full 4th Appeals court in Virginia ruled that the subsidies are not illegal, which makes it 3 appeals courts to one court panel that the subsidies are legal. 4 rulings, and there is a divide, which means that this will go straight to SCOTUS. That final decision will be made later this year, and maybe sooner if this case is fast tracked.

    And kudos to FOX News, who originally mistakenly reported to it's viewers that today's decision by the DC appellate court panel was a SCOTUS decision. LOL.
    And when it does make it to Robert's Court there is no doubt how it will rule. Just another yawn from some partisan Judges wet dream. When will they learn that the ACA is here to stay, millions of people are depending on it and more are liking it by the day.

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

    Quote Originally Posted by LowDown View Post
    I'm convinced that the ruling you cite is correct. Section 1321 of the ACA clearly authorizes the creation of federal exchanges, and so it could not have been the intent of the law to exclude the federal exchanges from subsidies regardless of the language of section 1311.
    On the other hand, the ruling of the DC panel takes sections 1311 and 1321 into account and concludes that state and federal exchanges are distinct and that subsidies are authorized only for state exchanges.

    Things appear to turn on a fine hair.

    We'll have to see what SCOTUS thinks. In any case, if the ACA had been passed with broad support this would not be a problem. Obama has to be queazy about the prospect of relying on the Roberts Court to save his bacon.

    "The urge to save humanity is almost always a false front for the urge to rule." --HL Mencken

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

    Quote Originally Posted by danarhea View Post
    OK, title is misleading. This was a panel in the DC court, not the full court. And 2 hours later, the full 4th Appeals court in Virginia ruled that the subsidies are not illegal, which makes it 3 appeals courts to one court panel that the subsidies are legal. 4 rulings, and there is a divide, which means that this will go straight to SCOTUS. That final decision will be made later this year, and maybe sooner if this case is fast tracked.

    And kudos to FOX News, who originally mistakenly reported to it's viewers that today's decision by the DC appellate court panel was a SCOTUS decision. LOL.
    Yep, but it was a milquetoast decision. They outright said that the arguments were pretty evenly matched on either side with the subsidy taking only a very slight edge, thus the decision. They're forcing it to SCOTUS.

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

    Quote Originally Posted by LowDown View Post
    On the other hand, the ruling of the DC panel takes sections 1311 and 1321 into account and concludes that state and federal exchanges are distinct and that subsidies are authorized only for state exchanges.

    Things appear to turn on a fine hair.

    We'll have to see what SCOTUS thinks. In any case, if the ACA had been passed with broad support this would not be a problem. Obama has to be queazy about the prospect of relying on the Roberts Court to save his bacon.
    LOL Robert's would make a mockery of his Court if his decision on the ACA was "overturned" by some lower court.. This is another one in the bag for Obama and you might as well get used to it.

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

    Quote Originally Posted by iguanaman View Post
    LOL Robert's would make a mockery of his Court if his decision on the ACA was "overturned" by some lower court.. This is another one in the bag for Obama and you might as well get used to it.
    Lower courts cannot overturn a SCOTUS decision.

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

    Quote Originally Posted by iguanaman View Post
    LOL Robert's would make a mockery of his Court if his decision on the ACA was "overturned" by some lower court.. This is another one in the bag for Obama and you might as well get used to it.
    The issues raised by this case and the previous case are completely different. There would be no embarrassment in ruling against the ACA this time. That idea is silly.

    You might want to wait until those chickens hatch to count them.

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    Federal Court rules Most obamacare subsidies Illegal

    Quote Originally Posted by iguanaman View Post
    LOL Robert's would make a mockery of his Court if his decision on the ACA was "overturned" by some lower court.. This is another one in the bag for Obama and you might as well get used to it.
    If the Supreme Court overturns it, it would be the Supreme Court overturning it, not a lower court.

    That said, this SCOTUS is pretty unpredictable. Hell, it was Roberts who upheld Obamacare in the first place. And then they side with religion over the law. So who knows?

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

    Quote Originally Posted by LowDown View Post
    The issues raised by this case and the previous case are completely different. There would be no embarrassment in ruling against the ACA this time. That idea is silly.

    You might want to wait until those chickens hatch to count them.
    Subsidies were already approved by the SC, they are part and parcel with the ACA. They will never be declared illegal now.

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

    Quote Originally Posted by iguanaman View Post
    Subsidies were already approved by the SC, they are part and parcel with the ACA. They will never be declared illegal now.
    Subsidies were upheld, but this case was never brought before them. They never made any decision on who is eligible for the subsidies.

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

    Quote Originally Posted by The Man View Post
    If the Supreme Court overturns it, it would be the Supreme Court overturning it, not a lower court.

    That said, this SCOTUS is pretty unpredictable. Hell, it was Roberts who upheld Obamacare in the first place. And then they side with religion over the law. So who knows?
    Regardless, It would be the SC overturning their own approval of the law, they have already ruled on subsidies. No technicality is going to change their minds.

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