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Fed appeals court panel says most Obamacare subsidies illegal
CNBC.com ^ | July 22, 2014 | Dan Mangan

Posted on 07/22/2014 7:30:07 AM PDT by gwjack

This is a breaking news story. Please check back for updates. In a potentially crippling blow to Obamacare, a top federal appeals court Tuesday said that billions of dollars worth of government subsidies that helped 4.7 million people buy insurance on HealthCare.gov are not legal under the Affordable Care Act.

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


TOPICS: Breaking News; News/Current Events
KEYWORDS: halbig; obamacare; subsidies
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To: montanajoe
I’m not holding my breath. Does anybody seriously think Roberts will go along with this...I don’t.

His kids must be almost grown up by now so I don't see how he can be blackmailed again.

201 posted on 07/22/2014 9:09:31 AM PDT by PJ-Comix (Boko Haram was enabled by Buku Huma)
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To: raybbr
"I’m not sure why anyone thinks this is the end of Obamacare? The next logical step in the”progression” ( notice the quotes around the derivation of the word progress?) is full blown federal health care."

And you imagine the Congress is going to pass that?

202 posted on 07/22/2014 9:09:33 AM PDT by mlo
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To: chessplayer

One of the messages coming, loudly, out of this ruling needs to be that Obama stacked the appeals court to save Obamacare.

The truth is that if this ruling is overturned en banc it’s a pretty big chipmtajen out of the already dwindling credibility of the Judiciary and “the system” as a whole.


203 posted on 07/22/2014 9:11:33 AM PDT by tanknetter
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To: gwjack

Dare we hope that the wheels of this administration are finally coming off!


204 posted on 07/22/2014 9:11:42 AM PDT by Jean2 (i)
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To: Focault's Pendulum
That is incorrect. All federal circuit courts use en banc procedure. See Rule 35 of Federal Rules of Appellate Procedure. It is not used as frequently as it once was and it is certainly not favored, but it is not considered a rarity either.

Google "federal circuit en banc" for a list of en banc decisions.

As for happening regularly, I was referring to the request for an en banc review/hearing and not the review itself because that is what your original post referenced.

205 posted on 07/22/2014 9:11:43 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Conscience of a Conservative
All he has to do is say that the omission of Federally-created exchanges from the section dealing with subsidies was a “scrivener’s error.”

That doesn't fly at all. It was not accidental omission. The language was clearly written to punish states which didn't get on board. It was specifically included on multiple versions.

206 posted on 07/22/2014 9:11:53 AM PDT by Jeff Chandler (Conservatism is the political disposition of grown-ups.)
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To: Qwackertoo

What good is the power of the purse strings when they won’t use it . . . too dang afraid of the next election.


You’re exactly right about the power of the purse.

I think many of them have been threatened and they can make noises but don’t dare cross the line.


207 posted on 07/22/2014 9:11:55 AM PDT by laplata (Liberals don't get it .... their minds are diseased.)
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To: House Atreides

My guess is that the Obama administration will simply claim that they are bailing out the insurance companies as promised.

The real import of this bill is that it complicates the coverage of the illegals, with or without amnesty. If they send illegals to states that depended on the federal exchange. Of course, most of the illegals would all be put on Medicaid and get it free.


208 posted on 07/22/2014 9:12:05 AM PDT by Eva
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To: Jewbacca
It will collapse.

And the vast majority of Democrats will take that at this point. They'll move ahead on their elections and on other issues and pin the blame on the courts for our "screwed-up health care system".


209 posted on 07/22/2014 9:13:18 AM PDT by Buckeye McFrog
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To: Jean2

Dare we hope that the wheels of this administration are finally coming off!


All the lug nuts are loose and the tires are wobbling.


210 posted on 07/22/2014 9:13:33 AM PDT by laplata (Liberals don't get it .... their minds are diseased.)
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To: PJ-Comix


His illegally adopted kids might be grown up, but he's still a blackmail-able homo.
211 posted on 07/22/2014 9:14:39 AM PDT by jimbo123
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To: epluribus_2

Full month, not month.


212 posted on 07/22/2014 9:14:45 AM PDT by epluribus_2 (he had the best mom - ever.)
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To: chessplayer

By Presidential Appointer, today’s case was decided Bush/Bush in the majority versus Carter.

The full court is (a hint of where the full court *might* go):

(5) Reagan
(2) HWBush
(3) GWBush
(10)

(1) Carter
(3) Clinton
(4) Ø
(8)


213 posted on 07/22/2014 9:15:36 AM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: PJ-Comix

Ironically, if that theory is true Roberts’ kids would be “Dreamers” with protected status under DACA.


214 posted on 07/22/2014 9:16:07 AM PDT by tanknetter
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To: Jeff Chandler
The language was clearly written to punish states which didn't get on board.

And the reason Congress had to do it that way is because the Supreme Court has the ruled that fedgov cannot "commandeer" states to do something.

So the Congress can't simply order a state to do something.

Thus, the carrot of subsidies to get the states to set up healthcare exchanges.

215 posted on 07/22/2014 9:16:30 AM PDT by MUDDOG
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To: Focault's Pendulum
I know what it means. If you read carefully, it is the Obama Administration that may request it. They cannot legally form one.

Only the Federal Appellate court may call for en banc. In this case it would be 17 judges that comprise that district.

But the subject opinion is from the District of Columbia Court of Appeals, appealed from the D.C. District Court. That's my understanding; I'm not an attorney or an expert.

D.C. Court of Appeals Rule 35(b) states, "A party may petition for a hearing or rehearing en banc."

216 posted on 07/22/2014 9:16:57 AM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: gwjack

Another ‘glitch’ !


217 posted on 07/22/2014 9:17:22 AM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: Jean2

I think we’re going to see a show down.


218 posted on 07/22/2014 9:17:26 AM PDT by laplata (Liberals don't get it .... their minds are diseased.)
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To: C210N

Ok, so a party line en banc split results in the decision being upheld 10-8.

However, there probably are at least a couple GOP appointees who have a track record of being peeled off on things like this.


219 posted on 07/22/2014 9:20:52 AM PDT by tanknetter
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To: gwjack

If only we had conservative congressmen with actual balls, to strike hard while the beast is wounded. But alas, we only have kept eunuchs.


220 posted on 07/22/2014 9:22:28 AM PDT by polymuser ( Enough is enough.)
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