View Poll Results: Predicting the final verdict of the supreme court

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  • 6-3 in favor of the law

    79 54.86%
  • 5-4 in favor of the law

    48 33.33%
  • 5-4 againist the law

    6 4.17%
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    2 1.39%
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    9 6.25%
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Thread: Predicting the supreme court verdict of King v. Burrell

  1. #31
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    Re: Predicting the supreme court verdict of King v. Burrell

    Quote Originally Posted by ttwtt78640 View Post
    That is quite an assumption considering that the SCOTUS initially decided exactly the opposite when the Medicaid expansion "sticks" language was stricken for states "opting out" of that mess. The intent was (and is) clear - states that played along with federal PPACA wishes would get the federal carrots and those states that did not would get the federal sticks (or at least get no federal carrots). Additionally the small business mandate was coupled closely with state exchanges (via SHOP) - the federal exchange never addressed that, thus the delay in the small employer mandate implementation.

    http://www.acscan.org/pdf/healthcare...onsProgram.pdf
    How is Medicaid expansion even relative or comparable to the cases before the court today?

    ACA is not and did not force states to set up their exchanges. ACA did not and is not forcing states to offer subsidies. So what is ACA forcing on the states in relation to the cases before the Court?

    My presumptions [not assumptions] were at least based on the merits of the case.
    Last edited by 1750Texan; 03-15-15 at 02:12 PM.


  2. #32
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    Re: Predicting the supreme court verdict of King v. Burrell

    Quote Originally Posted by 1750Texan View Post
    How is Medicaid expansion even relative or comparable to the cases before the court today?

    ACA is not and did not force states to set up their exchanges. ACA did not and is not forcing states to offer subsidies. So what is ACA forcing on the states in relation to the cases before the Court?

    My presumptions [not assumptions] were at least based on the merits of the case.
    There were at least two major parts to Obamacare designed to prompt States to comply with the law: The Medicaid carrot and stick and the exchange/subsidy carrot and stick. The first one was struck down by the Supremes, the second on is up for judgment now.
    TANSTAAFL

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  3. #33
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    Re: Predicting the supreme court verdict of King v. Burrell

    Quote Originally Posted by Mycroft View Post
    There were at least two major parts to Obamacare designed to prompt States to comply with the law: The Medicaid carrot and stick and the exchange/subsidy carrot and stick. The first one was struck down by the Supremes, the second on is up for judgment now.
    Your assessment of carrots and sticks has no bearing on the cases before the court. How does whether subsidies was/is a incentive have anything to do with my post or the cases before the court.

    Whether subsidies were used as in incentive to the states to set up their own exchanges had no bearing whether the state in fact did so. Furthermore, whether subsidies were used as incentives to the states to set up their own exchanges has no bearing on whether the federal government's exchanges would be allowed to offer the subsidies or not.

    The question before the court is if Congress intended that federal exchanges created after the states chose not to set up their own exchanges...to offer the subsidies. Whether the Feds used subsidies as a carrot to the states is irrelevant.


  4. #34
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    Re: Predicting the supreme court verdict of King v. Burrell

    Quote Originally Posted by 1750Texan View Post
    Your assessment of carrots and sticks has no bearing on the cases before the court. How does whether subsidies was/is a incentive have anything to do with my post or the cases before the court.

    Whether subsidies were used as in incentive to the states to set up their own exchanges had no bearing whether the state in fact did so. Furthermore, whether subsidies were used as incentives to the states to set up their own exchanges has no bearing on whether the federal government's exchanges would be allowed to offer the subsidies or not.

    The question before the court is if Congress intended that federal exchanges created after the states chose not to set up their own exchanges...to offer the subsidies. Whether the Feds used subsidies as a carrot to the states is irrelevant.
    I'm sure that opinion makes sense to you, but I'm not so sure it'll make the same kind of sense to the Supreme Court. Given the statements of Gruber and his ilk, they may totally disagree with you.
    TANSTAAFL

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  5. #35
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    Re: Predicting the supreme court verdict of King v. Burrell

    Quote Originally Posted by Mycroft View Post
    I'm sure that opinion makes sense to you, but I'm not so sure it'll make the same kind of sense to the Supreme Court. Given the statements of Gruber and his ilk, they may totally disagree with you.
    Is it your opinion or someone else's?

    You made no salient judicial reasoning. You didn't even make a connection between your[or your borrowed] assessment and the case.

    Then went to hide behind Gruber.


    Carrots and sticks is not ANY explanation of the case OR how MY assessment of the case...fails...OR how the Supreme Court will rule.


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    Re: Predicting the supreme court verdict of King v. Burrell

    5-4 against the law as written in favor of the law as the government now wishes it was written instead. It doesn't matter what the law is anymore, someone will make up some new standard of "Yes, but" which will justify them voting in favor of their preferred solution rather than the actual application of the law, introducing more chaos into our legal system and furthering us down the road to rule by judicial fiat.

  7. #37
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    Re: Predicting the supreme court verdict of King v. Burrell

    Quote Originally Posted by 1750Texan View Post
    Is it your opinion or someone else's?

    You made no salient judicial reasoning. You didn't even make a connection between your[or your borrowed] assessment and the case.

    Then went to hide behind Gruber.


    Carrots and sticks is not ANY explanation of the case OR how MY assessment of the case...fails...OR how the Supreme Court will rule.
    Is what my opinion?
    TANSTAAFL

    “An armed society is a polite society.”
    ― Robert A. Heinlein, Beyond This Horizon

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