. . . and that will drag the process out another year - according to plan.But as the WSJ pointed out a couple of days ago, the fact that Obama won in a different venue (notwithstanding that judge’s finding that:
Judge Roger Ferguson, writing for the Fourth Circuit whose King v. Burwell decision upholding the IRS was announced the same day, wrote that those challenging the government "have the better of the statutory construction arguments.”)means that it is not Burwell (i.e., the administration) but King who is in a position to appeal that ruling - and that King need not ask for an en blanc hearing, but could elect to appeal directly to SCOTUS.
He can but I thought I read somewhere where King is already planning his Supreme Court appeal. However there is no guarantee that the Court will agree to hear it.