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Appeals court tosses ruling on Obamacare tax credits in win for administration

danarhea

danarhea

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A federal appeals court in Washington voted Thursday to rehear a case that threatened to derail a central provision of President Obama’s health-care reform law.

The action by the US Court of Appeals for the District of Columbia Circuit means that an earlier ruling against the Obama administration and undercutting provision of tax credits through the ACA is thrown out. The case is to be re-argued Dec. 17 before the full 11-member appeals court.

The appeals courts’ decision to rehear the case is viewed by analysts as a victory for the Obama administration since it makes it less likely that the US Supreme Court will agree to immediately take up an identical ACA case now pending at the high court.
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The part I bolded is also important because SCOTUS today granted the administration a delay on the other case, until this case is settled. Should the full DC court uphold ACA, then it is very doubtful that SCOTUS would even consider taking the issue up, since 2 appellate courts would already have ruled in favor of the administration. The ruling today is most likely the final nail in the coffin that contains the effort to derail Obamacare.

Discussion?

Article is here.
 
No secret that was going to happen.

Even if they had upheld the decision it would have gone to SCOTUS and we already know the result there. It's highly unlikely that Roberts would have reversed himself.
 
I presume that Obama is glad that Reid used the Nuclear Option and packed that court just for things like this.
 
Lutherf said:
No secret that was going to happen.

Even if they had upheld the decision it would have gone to SCOTUS and we already know the result there. It's highly unlikely that Roberts would have reversed himself.
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Roberts ruled the penalty was a tax and within the power of Congress to enact. This case was totally different. Roberts would not have to reverse himself at all to rule against this case.
 
Beaudreaux said:
Roberts ruled the penalty was a tax and within the power of Congress to enact. This case was totally different. Roberts would not have to reverse himself at all to rule against this case.
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My take is that it was a pretty big leap of logic to come up with the "tax" answer. Based on that I simply suspect that he wants to support the act and will do so no matter what leaps of logic might be required.
 
Lutherf said:
My take is that it was a pretty big leap of logic to come up with the "tax" answer. Based on that I simply suspect that he wants to support the act and will do so no matter what leaps of logic might be required.
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You may very well be correct. Only the Chief Justice really knows whats in his heart and mind.
 
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