Posted on 06/09/2015 2:22:03 PM PDT by SteveH
In 2011 and 2012, I researched and wrote — along with Case Western Reserve University law professor Jonathan H. Adler — a law-journal article that explains why the IRS’s actions are illegal. Our work laid the foundation for King and three similar cases. To our knowledge, we have done more research on the question of what Congress really meant than anyone.
When we began, we knew Congress routinely conditions benefits to individuals on states implementing federal programs. The Supreme Court has held that Congress cannot compel states to implement such programs, but it can create incentives for states to do so. Medicaid is an example. Congress offers states billions of dollars — but only if the states run health-care programs for the poor that meet federal standards.
Still, we assumed Congress must have made a drafting error when it authorized premium subsidies only in states that establish an exchange. Personally, I thought the ACA’s authors would never intentionally condition this essential piece of the law’s regulatory scheme on state cooperation. Our research forced me to re-evaluate that assumption.
[...]
Our prior assumption about what Congress intended was uninformed. It literally had no support in either the statute or the legislative history. To this day, I am surprised, and a little embarrassed, that I could have been so wrong.
(Excerpt) Read more at cato.org ...
The decision will be political, not based on the law. SCOTUS will side with Obama.
please address the points that the writer makes in the article.
thank you in advance.
Logic, statutory construction, plain English and the rule of law no longer have any relevance. Like most Supreme Court decisions, this one will be decided based entirely upon the outcome that is desired by a majority of the Supreme Court Justices.
There is no question how 7 out of the 9 Justices will decide. The only question is which way Roberts and Kennedy will flip.
Has it been announced that the decision will be announced next Monday? I thought their release dates were kept quiet.
Not as long as the NSA has such extensive files on them they won’t!
The Court has announced that it will release decisions on June 15, 22 and 29. It hasn't said which decisions will be announced on which dates; that is never made public in advance.
The Court only has three more sessions left this term (the next three Mondays) and then adjourns until next October.
ok, thanks
ok thanks.
I’m on pins and needles.
It was also crystal clear Obamacare was illegal. Yet the court fabricated an absurd rationale for upholding a law, that even if Congress lacked the constitutional power to do it, it could still penalize them for failing to comply through a “tax” (penalty). Among other things decision runs contrary to California Coastal Commission v. Nolan, where the then Supreme Court said government was forbidden to do indirectly (through the forcing of conditions to comply) that which it was prohibited to do directly.
I think obama has lost this case so he is having a public hissy fit to try to intimidate the court into reducing the impact of its ruling, letting the subsidies ride a little longer.
If he thought he had won this case, obama would not be trashing the court.
I think john Roberts has had enough of this petulant teenager and is about to tell him to pound sand. I also think Roberts deeply regrets the stupidity of his 2012 decision. He truly believed the electorate would take care of this monstrosity in the presidential election.
Remember: scotus follows election returns, eg 2014 wipeout.
On the thin chance the courts strike this down, my bet is the Republican leadership will try to pass a bill adding the language necessary to continue the subsidies. They don’t have the spine to actually let it die and be responsible for it.
Any takers?
i bet you one us constitution, lol.
:-(
Roberts was goofy to think there would be a free and fair election in 2014.
My bet 5 to 4 vote of the SCOTUS killing the subsidies in states without state exchanges. Following that ruling Obama will start to blame the GOP. However the RINO leadership in Congress will try to fix the mess instead of killing Obamacare.
You feel Robert’s vote is in question?
He has already made it clear he is in self-protection mode.
Obama is already out demonizing SCOTUS and anyone that would jeopardize PPACA. That means his snitch/plant justice told him it’s over. Yet even in his defeat, never let a good crisis go to waste.
I think just the opposite is the case. This is his victory dance in the end zone. He really didn't diss SCOTUS. He said they shouldn't have even taken up the case because it was such a slam dunk. He said that there are no contingency plans in case he lost because he knows the court will side with him.
His speech on the great triumph of Obamacare is meant to support the court's decision, not sway it. The decision was made some time ago. Obama knows what it is. Obamacare lives.
Since the leadership has already said they would, I doubt you get any takers.
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