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If it’s ambiguous, does government win? Roberts finally speaks.
Washington Post ^ | March 4, 2015 | Sandhya Somashekhar and Robert Barnes

Posted on 03/04/2015 11:15:53 AM PST by Cincinatus' Wife

11:26: When a law is ambiguous, the court often defers to the agency in charge of administering it. The U.S. Court of Appeals for the 4th Circuit said just that, and that the IRS’ interpretation that subsidies were available to all was a reasonable one.

Verrilli resisted questions about ambiguity, saying it was clear. But if not, he said, the agency does deserve deference.

But Justice Anthony M. Kennedy said he was concerned about giving the power to allocate billions of dollars in subsidies to an agency.

It was then that Chief Justice John G. Roberts Jr. asked his only substantial question. If it was up to the agency to decide, he asked Verrilli, could a new administration change the decision?

Verrilli said its action would have to be consistent with an accurate reading of the law..

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


TOPICS: Business/Economy; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: aca; healthcare; justiceroberts; kingvburwell; obamacare; scotus; scotusobamacare
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1 posted on 03/04/2015 11:15:53 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

Roberts and Alito are RINGERS that George Bush Jr. INSTALLED to further his familys ONE WORLD GIVERNMENT treasonous agenda..

The whole family are One Worlders.. always have been..
So is Barry Soetero... the Clintoons.. and K Street..


2 posted on 03/04/2015 11:21:00 AM PST by hosepipe (" This propaganda has been edited (specifically) to include some fully orbed hyperbole.. ")
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To: Cincinatus' Wife
"Verrilli said its action would have to be consistent with an accurate reading of the law."

And just how do you do that if it's completely ambiguous? An "accurate reading" becomes whatever some bureaucrat says it is.

3 posted on 03/04/2015 11:22:00 AM PST by circlecity
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To: circlecity

I think that’s where Roberts was going.


4 posted on 03/04/2015 11:23:39 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

There is nothing ambiguous about it. It plainly says State Exchanges are the ones that can provide the subsidies. And Gruber’s videotapes plainly reveal that that was their intent.


5 posted on 03/04/2015 11:24:22 AM PST by TruthShallSetYouFree (Islamists are excused from their crimes because of The Crusades. Moral equivalence in action.)
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To: Cincinatus' Wife
SCOTUS: Is it ambiguous?
Verrilli: No, it's clear.
SCOTUS: If the Court determines it is ambiguous, who decides the meaning?
Verrilli: Well then the Agency deserves deference.
Roberts: So, a new Cruz administration agency would get deference to change the decision?
Verrilli: No, only a democRAT administration can make an accurate reading of the law...
6 posted on 03/04/2015 11:25:32 AM PST by Servant of the Cross (the Truth will set you free)
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To: Cincinatus' Wife

Nothing much here. The Supreme Court has junked the Constitution for years and will continue.


7 posted on 03/04/2015 11:27:50 AM PST by Logical me
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To: Servant of the Cross

In a nutshell.

: )


8 posted on 03/04/2015 11:28:12 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

9 posted on 03/04/2015 11:28:14 AM PST by JohnBrowdie (http://forum.stink-eye.net)
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To: Cincinatus' Wife

Roberts: “I’ll cook up another convoluted pretzel to which no other Justice will sign”.


10 posted on 03/04/2015 11:28:51 AM PST by Paladin2
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To: hosepipe

I think Alito has been solid...unless I am forgetting something. Roberts was good until Obamacare, and once Obama attacked the court, he’s crumpled to the ground in fetal position like the rest of the DC Republicans.


11 posted on 03/04/2015 11:29:09 AM PST by ilgipper
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To: Cincinatus' Wife

The GOPee won’t be letting Cruz anywhere near the White Mosque.


12 posted on 03/04/2015 11:30:57 AM PST by Paladin2
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To: Cincinatus' Wife
"I think that’s where Roberts was going."

Hummm, I wonder if he's thinking it may be an unlawful delegation of power.

13 posted on 03/04/2015 11:31:56 AM PST by circlecity
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To: circlecity

Sane people would think exactly that.


14 posted on 03/04/2015 11:32:51 AM PST by Cincinatus' Wife
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To: hosepipe

Roberts and Alito are RINGERS that George Bush Jr. INSTALLED to further his familys ONE WORLD GIVERNMENT treasonous agenda..

The whole family are One Worlders.. always have been..
So is Barry Soetero... the Clintoons.. and K Street..


I agree...and then, there’s blackmail...


15 posted on 03/04/2015 11:35:49 AM PST by CincyRichieRich (We plan to endure. 3%)
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To: Cincinatus' Wife
When a law is ambiguous, the court often defers to the agency in charge of administering it.

That is why we get creeping totalitarianism through bureaucratic overreach. The government was created to defend our liberty, not to destroy it. If the CJ of SCOTUS doesn't see the court's role as one of restraining the federal leviathan's encroachments on liberty then we are lost.

16 posted on 03/04/2015 11:42:28 AM PST by Paine in the Neck (Socialism consumes EVERYTHING)
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To: Paine in the Neck

Tipping point.


17 posted on 03/04/2015 11:44:26 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

This will not end well.

First, I do not think Roberts will vote to gut Obamacare after the lengths he went to last time to rewrite the whole thing as just one big tax bill. From oral arguments this morning, it appears that Kennedy will also flip this time. So it is extremely likely that the Court will rewrite Obamacare to extend the subsidies by either a 5/4 or 6/3 vote.

In the unlikely event that the Court actually follows the law and throws out the subsidies then we will have a replay of the amnesty budget debacle.

The Democrats and the lamestream media will loudly blame the evil Republicans for stealing subsidies and insurance from millions of poor people who are now relying on it. The House will respond by passing a bill extending subsidies for this year and then terminating or scaling back Obamacare. The Democrats in the Senate will insist on a “clean” bill just extending the subsidies.

The Republicans will then cave and that will be that.


18 posted on 03/04/2015 11:48:50 AM PST by Bubba_Leroy (The Obamanation Continues)
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To: Cincinatus' Wife

A law is where a rule or rules state a prescribed course of action which are required to be undertaken. Whenever the statement of a prescribed course of action is too ambiguous to reliably prescribe the course of action, by definition there can be no reliable or customary prescription, rule or law.


19 posted on 03/04/2015 11:49:06 AM PST by WhiskeyX
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To: WhiskeyX

It’s whatever the Department of Health and Human Services Secretary wants it to be.


20 posted on 03/04/2015 11:53:58 AM PST by Cincinatus' Wife
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