Federal Court: Obamacare Federal Subsidies Illegal

[travelinman67]

Great overview of the decision...

http://www.rushlimbaugh.com/daily/2014/ ... ule_of_law

[BDKJMU]

DC Circuit got the statutory construction right, but it will eventually go to the SCOTUS where the Chief Justice will again say "it's a tax" and cast the deciding vote to uphold the law, 5-4. Like a bad Police Academy sequel.

"Obama’s Law Professor: ‘I Wouldn’t Bet’ on Obamacare Surviving Next Legal Challenge

...........Tribe suggested that the case will, like the individual mandate challenge before it, hinge on Chief Justice John Roberts’s decision. “He would be asking himself the hard question: ‘Is it so clear under existing law that it has to be construed in this literal and somewhat bizarre way . . . that subsidies or tax credits cannot be provided on the federal exchanges, or is it sufficiently ambiguous that it gives me the necessary legal wiggle room’ [to side with the administration once again?]” Tribe said.

Forbes contributor Jeffrey Dorman notes that a recent ruling in a case involving the Environmental Protection Agency could make it harder for Roberts to conclude that he has that wiggle room.

“The power of executing the laws necessarily includes both authority and responsibility to resolve some questions left open by Congress that arise during the law’s administration. But it does not include a power to revise clear statutory terms that turn out not to work in practice,” Justice Antonin Scalia wrote in an opinion that Roberts joined in full.

Cannon believes Roberts is unlikely to go through the legal gymnastics used when he upheld the individual mandate as an exercise of Congress’s taxing power, even though it was written into law as an unconstitutional penalty.

“That was a question of congressional power under the Constitution, and this is a question of IRS power under the ACA and Supreme Court precedents,” Cannon says. “The IRS has absolutely zero independent power to tax and borrow and spend. It can only do that which is delegated to it by Congress.”......"
http://www.nationalreview.com/corner/38 ... lenge-joel" onclick="window.open(this.href);return false;

[Skjellyfetti]

Again. Relevance?

The District panel ruled the Feds do not have the authority, absent a state exchange. Your Scalia quote changes nothing.

And the Virginia panel ruled the opposite.

The Scalia quote changes nothing... but, shows which way the court will likely go if SCOTUS ends up ruling on it.

[dbackjon]

http://www.reuters.com/article/2014/07/ ... CS20140722

Another Appeals court ruled it was fine.


This will be overturned - SCOTUS has repeatedly ruled that minor proofreading errors like this do not invalidate laws.


The judges that ruled against ACA are both major partisan hacks.

Bullshit.

Nope - 100% truth. Look it up. Do some fucking research.

[dbackjon]

Great overview of the decision...

http://www.rushlimbaugh.com/daily/2014/ ... ule_of_law

Rush Limbaugh knows nothing about the rule of law, or democracy. No wonder you have come unhinged lately - quoting Rush

[travelinman67]

Great overview of the decision...

http://www.rushlimbaugh.com/daily/2014/ ... ule_of_law

Rush Limbaugh knows nothing about the rule of law, or democracy. No wonder you have come unhinged lately - quoting Rush

HEY!!!

Dumb jackass!!!

Go back a few posts and read my exchange with Jellydonut!

Take your own advice and do some research before opening your piehole!!!

[kalm]

Rush Limbaugh knows nothing about the rule of law, or democracy. No wonder you have come unhinged lately - quoting Rush

HEY!!!

Dumb jackass!!!

Go back a few posts and read my exchange with Jellydonut!

Take your own advice and do some research before opening your piehole!!!

Yeah! Research!

[travelinman67]

Whoops!

Obamacare architect Jonathan Gruber explaining tax incentives were intended to ONLY BE AVAILABLE TO STATE EXCHANGE PLANS as a way of incentivising every state to set up an exchange.

http://www.redstate.com/2014/07/24/obam ... -exchange/

On video...
[youtube]https://www.youtube.com/watch?v=rBAHvX1 ... ata_player[/youtube]