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In early September, the U.S. Circuit Court of Appeals for the District of Columbia agreed to rehear the case, taking away a split between the circuits. A three-judge panel had thrown out the subsidies as invalid, but now the full, 13-judge panel will rehear the case. The math on the full panel is much better for the administration, as it consists of eight Democratic-appointed justices and just five who are Republican-appointed.
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So much for the Rule of Law. What have we come to as a nation where the law is trumped by politics?
But, give that, the fact that the Supreme Court is going to hear the case is a very positive development. The law is, in fact, quite clear in declaring that only the states can offer subsidies. If the Supreme Court rules otherwise it will be a very sad day for this nation.
Drudge to headline this story in 5...4...3...2...
Adding to your point. There is a record of debate on the floor of congress where this was discussed. It is quite clear that this is a deliberate part of the law...and not a ‘scribner’s error’.
Frankly, the administration is very blatantly violating their own crowning jewel law.