DC Circuit Creates Obamacare Uncertainty

http://leomcneil.net/2014/07/23/dc-circuit-creates-obamacare-uncertainty/ ^ | July 23, 2014 | Leo McNeil

[LeoMcNeil]

The big news from yesterday is that the DC Court of Appeals ruled that Obamacare subsidies obtained on the Federal exchange are in violation of the law. The law states that subsidies are only available to people who buy Obamacare policies on a state exchange. Around 36 states don’t have exchanges, thus citizens in those states aren’t entitled to a subsidy according to the DC Circuit decision. This is significant because in order for employers to fall into the employer mandate an employee has to be eligible for a subsidy. In states without a state exchange, that’s no longer possible according to the DC Circuit. In other words, the entire law is at stake with this decision.

Immediate reaction from the Obama administration was of course negative. They talked about requesting an en banc review of the decision, which would have all the Appellate judges in the DC Circuit review the case and render a decision. They’re thinking seven of the eleven judges are Democrats, including three rammed through via Sen. Reid’s filibuster elimination rules. There’s only one problem. The 4th Circuit also issued a ruling on this issue yesterday. It determined that the subsidies are available to people who purchase through the Federal exchange.

In ignoring the language of the Obamacare law, the 4th Circuit has undercut the President’s delay tactics. An en banc review in the DC Circuit would take at least six months, meaning a final Supreme Court appeal wouldn’t be decided until late 2015 at the earliest and more likely in early 2016. The 4th Circuit decision allows Obamacare opponents an opportunity to immediately apply to the Supreme Court for cert. and they’ll be able to argue that there is a disagreement between the circuits. If the Supreme Court grants cert. odds are a decision will be rendered early next year. Thus the President loses valuable time to entrench Obamacare as the final law of the land.

What the Supreme Court does with this case is anyone’s guess. The final decision is probably going to come down to Justice Roberts. A betting man might suggest he’s unwilling to overturn his previous Obamacare decision. On the other hand, Roberts seems to view separation of powers as serious. He has, in previous cases, given deference to the language of the statutes Congress writes. In this case Congress was very clear that subsidies would only be available on state exchanges. It stands to reason that Congress wanted to dangle a carrot before the states, prompting them to create their own exchanges so their citizens would be eligible for subsidies. Roberts may go along with the language as written.

Ultimately this is the last thing Obama wanted to deal with. He wants Obamacare as entrenched as possible before he leaves office. Now it’s up in the air again, to say nothing of being just as unpopular as it has ever been. Uncertainty doesn’t help Obamacare and the DC Circuit just created uncertainty about the entire law. Obama’s political team may think they’ll be able to use this decision to rally Democrats in November. It isn’t going to happen and even if it did, from Obama’s standpoint he wants his law entrenched without having to rally Democrats to get it done. For Republicans, this decision will get their base excited for all of 48 hours. Repeal has never been far from the minds of the GOP base but none of us are particularly trusting of Justice Roberts. For Republicans, we enjoy the uncertainty of the law but we’ll believe it’s done for when the Supreme Court rules. For November, the decision isn’t going to matter.

[kevslisababy]

There is no reason for confusion. Our nation is called the United STATES of America, not the United States of the State of America.

Just like looking for hanging chads. jeez

[FlipWilson]

Now cometh the one two punch that will signal the true death of our Republic. One: Bureaucrats ruling on a whim answerable to no electorate. Two: A compliant, politicized judiciary twisting itself into whatever knot it has to to justify the actions of the bureaucrats.

Result: elections do not matter, you do not matter. Leftists win an election, they win . Leftists lose an election, they win.

[LeoMcNeil]

There’s only confusion because liberal lawyers are twisting the meaning of the word state in the statute.