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Harry Reid’s Court-Packing Scheme Pays Off In Halbig Case
The Federalist ^ | Sept. 5, 2014 | Ross Kaminsky

Posted on 09/19/2014 3:25:18 PM PDT by SteveH

But because the current administration recognized this court as critical in future legal challenges to Obamacare, they wanted to – and hypocritically did – shift the balance of the court in a decidedly Progressive way – which is to say in a way which recognizes almost no limits on government power nor on the appropriate behavior of judges in expanding that power.

On Thursday, those malign efforts paid off for Obama and Reid as the DC Circuit agreed to an en banc review (all of the judges rehearing the case after it is initially decided by a three-judge panel) of the July 22nd ruling in Halbig v Burwell that the IRS may not issue subsidies to those who purchase health insurance plans through the federal insurance exchange known as Healthcare.gov – because the plain text of the law specifies that subsidies are available on exchanges “established by the State.” In fact, this language is in the law twice.

Furthermore, the law includes specific mention of a federal exchange so it is not credible to suggest that the drafters didn’t consider the possibility of a federal exchange existing alongside state exchanges (though the federal exchange is not available to those living in states which have set up their own exchanges.)

(Excerpt) Read more at thefederalist.com ...


TOPICS: Editorial; Government
KEYWORDS: halbig; obamacare
bohica
1 posted on 09/19/2014 3:25:18 PM PDT by SteveH
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To: SteveH

McConnell should have shut down the Senate when Dingy pulled this stunt. Instead, he was largely silent. Worthless. Spit.


2 posted on 09/19/2014 3:32:04 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

Naïve comment. We’re not there, yet. Give the GOP a majority and then hammer them.


3 posted on 09/19/2014 4:23:30 PM PDT by 1010RD (First, Do No Harm)
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To: SteveH

The revolution continues, as planned, comrades.
(And the fifth column is already in the city.)

IMHO


4 posted on 09/19/2014 6:29:37 PM PDT by ripley
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