“Update: Will it stand, though? Good point on procedural next steps here:
Reid’s nuclear option, which put 3 new Obama-appt judges on the DC Circuit, could save Obamacare.”
— Sahil Kapur (@sahilkapur) July 22, 2014
“Federal appeals courts typically assign three judges to hear a case. This one came out 2-1. The losing party can petition, though, for an “en banc” hearing, in which all judges on the circuit re-hear the case together and issue a new opinion affirming or reversing the previous one. Kapur’s point is that ramming through a few Obama appointees means this case has a better chance than it otherwise would have of being reversed en banc.”
“Update: The White House is already getting ready for en banc review:
Obama Adm official on Halbig: “The Department of Justice can, and will, seek en banc review by the full D.C. Circuit”
— Sam Stein (@samsteinhp) July 22, 2014
The One wins again.
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.
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)
““Federal appeals courts typically assign three judges to hear a case. This one came out 2-1. The losing party can petition, though, for an “en banc” hearing, in which all judges on the circuit re-hear the case together and issue a new opinion affirming or reversing the previous one. Kapur’s point is that ramming through a few Obama appointees means this case has a better chance than it otherwise would have of being reversed en banc.”
How soon? if not before November, the dems that voted for Obamacare should be sitting ducks. (assuming the republicans are not idiots.)