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Appeals court vacates ruling that tossed ObamaCare subsidies
The Hill ^ | September 4, 2014 | Elise Viebeck

Posted on 09/04/2014 7:24:25 AM PDT by maggief

The D.C. Circuit Court of Appeals has agreed to revisit a ruling that struck down the ObamaCare subsidies issued through the federal exchange.

The announcement of the second hearing is a victory for the Obama administration, which suffered a defeat in late July when a three-judge panel threw out the subsidies, ruling they were not legitimate under the Affordable Care Act.

A decision by the full D.C. appellate court, in which Democratic appointees outnumber Republicans, could favor the administration. Arguments are scheduled for Dec. 17.


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: obamacarelawsuit; obamacaresubsidies

1 posted on 09/04/2014 7:24:25 AM PDT by maggief
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To: maggief

http://www.cadc.uscourts.gov/internet/opinions.nsf/6510F5166505E32985257D49004A7CCA/$file/14-5018-1510560.pdf


2 posted on 09/04/2014 7:24:36 AM PDT by maggief
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To: maggief

the coup continues


3 posted on 09/04/2014 7:25:29 AM PDT by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: maggief
A decision by the full D.C. appellate court, in which Democratic appointees outnumber Republicans, could favor the administration.

Which tells you all you need to know about our judicial system. The law be damned.

Much of this is due to the Republicans rubber stamping Dem judicial appointments for the last 30 years. The cowards have rubber stamped the theft of our Constitutional liberties.

4 posted on 09/04/2014 7:29:14 AM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: maggief

Apparently, the D.C. Circuit has been “stacked enough” now to achieve the desired outcome?


5 posted on 09/04/2014 7:30:06 AM PDT by MNGal
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To: maggief

Like I said from the get go ... they will grant an en banc hearing, overturn the panel, and SCOTUS will not hear an appeal.


6 posted on 09/04/2014 7:43:12 AM PDT by RIghtwardHo
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To: MNGal
Apparently, the D.C. Circuit has been “stacked enough” now to achieve the desired outcome?

The DC circuit has been put on notice by this administration: We have your NSA files. If you do not want what we know to get out, you'll revisit this ruling and give us the result we're looking for. Watch.

7 posted on 09/04/2014 8:03:12 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: dware

I don’t doubt for one second that the initial ruling will be reversed.


8 posted on 09/04/2014 8:06:00 AM PDT by MNGal
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To: dware

Well no. It’s not a conspiracy theory. ODimwit got 3 judges on this bench. It is now stacked Lib.

It’s a simple answer. Infuriating, but simple.


9 posted on 09/04/2014 8:06:54 AM PDT by RIghtwardHo
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To: RIghtwardHo
ODimwit got 3 judges on this bench.

Have the judges changed since the original ruling?

10 posted on 09/04/2014 8:31:00 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: maggief
The en banc panel for the re-hearing will be: Garland, Henderson, Rogers, Tatel, Brown, Griffith, Kavanaugh, Srinivasan, Millet, Pillard, and Wilkins, who are the 11 active judges, plus Randolph and Edwards, who are the senior judges who sat on the earlier panel.
11 posted on 09/04/2014 8:34:51 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: maggief; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...

Of possible interest to SCOTUS list.


12 posted on 09/04/2014 8:37:47 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: dware

See post 11 for answer.


13 posted on 09/04/2014 8:38:35 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: MNGal

What about obeying the law.....which Obama does not do — usually.


14 posted on 09/04/2014 8:48:49 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Salvation

“What about obeying the law.....which Obama does not do — usually.”

If the law had been obeyed during the initial Supreme Court Decision, the ACA wouldn’t exist today. The current laws on the books have been deemed irrelevant.


15 posted on 09/04/2014 9:00:24 AM PDT by MNGal
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To: ChildOfThe60s
Much of this is due to the Republicans rubber stamping Dem judicial appointments for the last 30 years

Isn't that the truth!

16 posted on 09/04/2014 10:19:25 AM PDT by afraidfortherepublic
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To: knarf

The DC Circuit has long been a target of the Left.


17 posted on 09/04/2014 12:34:57 PM PDT by 1010RD (First, Do No Harm)
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To: dware
Have the judges changed since the original ruling?

Federal courts of appeals normally sit in panels of three randomly-selected judges. If a case is re-heard "en banc," the full court (not just the 3 original judges) decides it.

18 posted on 09/04/2014 3:58:30 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: BuckeyeTexan

I am not convinced that because now there are more D appointed judges on this circuit, it necessarily means they will vote party line. Probably the last 3 who are Obama appointees will go for the Administration without question.

But some of the more seasoned judges have a history of being more straight down the legal line. I.e., Harry Edwards. He was appointed by Jimmy Carter, but ruled vs. the Obama Admin as part of the panel. Some of them have a mixed background, politically. I.e., one of the Clinton appointees had clerked for SDO.

I wonder when the last en banc hearing was, and what the subject and/or parties were.


19 posted on 09/04/2014 7:17:15 PM PDT by EDINVA
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