The decision will be political, not based on the law. SCOTUS will side with Obama.
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!
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.
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?
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.