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Obama’s Law Professor: "I Wouldn’t Bet" on Obamacare Surviving Next Legal Challenge
National Review Online ^ | July 11, 2014 | Joel Gehrke

Posted on 07/22/2014 8:42:45 AM PDT by Biggirl

President Obama’s old Harvard Law professor, Laurence Tribe, said that he “wouldn’t bet the family farm” on Obamacare’s surviving the legal challenges to an IRS rule about who is eligible for subsidies that are currently working their way through the federal courts.

“I don’t have a crystal ball,” Tribe told the Fiscal Times. “But I wouldn’t bet the family farm on this coming out in a way that preserves Obamacare.”

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


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: duplicate; fakedate; healthcare; medcine; obamacare
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To: Biggirl

Even if Obamacare is struck down, it will still have much support among the American people who believe it will “stick it” to doctors and hospitals.


21 posted on 07/22/2014 8:58:50 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Biggirl
The more the truth is told, the more it will fall apart.

Not at all; the American people don't like the truth unless it is what they want to hear.

22 posted on 07/22/2014 9:00:18 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: CaptainK

We live in hope!
http://www.cnbc.com/id/101819065


23 posted on 07/22/2014 9:01:01 AM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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To: Ouchthatonehurt
LOl I'm almost giddy with that decision !!!
24 posted on 07/22/2014 9:02:32 AM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: Theodore R.

Slowly, people are starting wake up, give it time.


25 posted on 07/22/2014 9:04:41 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: CaptainK

“In his dissent, Judge Harry Edwards, who called the case a “not-so-veiled attempt to gut” Obamacare, wrote that the judgment of the majority “portends disastrous consequences.”

As if Obamacare isn’t a not-so-veiled attempt to gut the Constitution!


26 posted on 07/22/2014 9:07:20 AM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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To: Ouchthatonehurt
Judge Raymond Randolph - Bush nominee

Judge Thomas Griffith - Bush nominee

Judge Harry Edwards - Carter nominee

I won't bother posting pictures because your mind's eye already knows what will appear.

27 posted on 07/22/2014 9:11:26 AM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: Ouchthatonehurt


It's homo blackmail time again for Justice Roberts.
28 posted on 07/22/2014 9:11:33 AM PDT by jimbo123
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To: nathanbedford

I tend to think that SCOTUS will ultimately take and decide this regardless of what the packed DC Circuit does.
If for no other reason than that we have four (original dissenters) who still hate the law, I think they will hear the case. As long as the composition of the court doesn’t change I think there is a decent chance that Roberts will join the four original dissenters and say that it is not the job of the court to protect legislation from its own explicit language.
The court did just that in a recent EPA case with the five justices we need in this case.
It’s the best legal challenge to the ACA available from my vantage point.
If Roberts had gone against Hobby Lobby I wouldn’t even hold out any hope on this one. But his willingness to piss off the administration makes me think his vote is seriously in play here.


29 posted on 07/22/2014 9:14:41 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Clump
Your reasoning makes perfectly good sense. But I'm not sure that logic is what will carry the day with Justice Roberts. As I meant to say in my reply, it depends on whether he seeks absolution or vindication.I simply don't believe he will proceed concerned only with doing justice.

We all hope you're right.


30 posted on 07/22/2014 9:19:20 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

Yea my hope (emphasis on hope) is that Roberts has seen the aftermath of the ACA and regretted it ever since.
From his standpoint he could easily rule with the conservatives on this one and say “I take the cases as they come and this time Congress didn’t leave us with any other choice but to follow the clear language which could have (but wasn’t) been written to mean what the IRS wants it to mean”.
The majority can clearly and plainly pin this ruling right on the donkey where it belongs.
Perhaps Roberts learned his lesson about deals with the devil and how well they turn out.
They wrote the law and shouldn’t get to have the court fix their mistake just because they don’t have the present majority to get it amended legislatively.
As a lawyer it is clear cut to me. The language isn’t ambiguous and it’s not a scrivener error, so the court should apply it as such.
The dishonest and ridiculous arguments from the WH and the left reek of desperation.


31 posted on 07/22/2014 9:31:33 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Biggirl
Obama’s Law Professor: "I Wouldn’t Bet" on Obamacare Surviving Next Legal Challenge

I would like to know if Obama's Law Professor would bet on Obama finishing his term..................

32 posted on 07/22/2014 9:40:08 AM PDT by varon (Para bellum)
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To: Clump
I rarely listen to Rush but I am now to get his take on this case. He says that the DC court has 11 judges and everyone expects the seven appointed by Obama (or Democrat president?) to rule along party lines and approve the IRS payments.

I suspect he is right and it is a very sad commentary on the state of justice in America. It has frightening implications for the rule of law and our society. As people catch on to what is happening, that is, that we have the "rule of party" as Limbaugh says rather than the "rule of law" we can expect cynicism and its handmaiden, corruption to spread even faster throughout the land.

Widespread corruption means economic and social disintegration. One more legacy which has Obama smiling as his transformation proceeds apace.


33 posted on 07/22/2014 9:50:39 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

You got it and I am afraid it will make things worse for America.


34 posted on 07/22/2014 9:55:39 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Clump
Evidently the Fourth Circuit Court of Appeals has just ruled in favor of the government creating a conflict and rulings and greatly increasing the likelihood that this will in fact go to the Supreme Court as you predicted.


35 posted on 07/22/2014 10:04:05 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: Biggirl

Kill 0bamaCare before it kills you!


36 posted on 07/22/2014 10:09:26 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: nathanbedford

I don’t know if there will ultimately be a split after the full DC Circuirt rules.
That said, I highly doubt that the SCOTUS is going to let something of this magnitude get decided by the lower courts.
The other main reason is that all we need is four to get the case heard, and the original four dissenters really have nothing to lose by hearing this case.
Often times one side will choose not to hear an appeal if it thinks it won’t get five votes, for fear that it will just be more precedent to overcome in the future.
But this is a case of statutory interpretation so there’s no reason to fear taking it.
We could talk all day about the lower courts, statutory interpretation, that EPA case (which is on point), but at the end of the day it will come right down to Roberts.
There’s not one ounce of intellectual honesty on the left, and Roberts is (or has been) too caught up in the perception of the court and his legacy to be reliable.


37 posted on 07/22/2014 10:19:09 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: CaptainK
Sorry. Had to... Harry Edwards Raymond Randolf Thomas Griffith
38 posted on 07/22/2014 11:51:04 AM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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