There is a 0% chance that Roberts will side with conservatives on this. There is no suspense here. ObamaCare will be upheld. Statism is the order of the day, and will not be permitted to be challenged.
I think it’s 50-50 - and I don’t trust Roberts, but King is a very strong case, and Jonathon Gruber’s video idiocy reinforces the King case since Gruber’s comments are part of the case.
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Yep...very sad!
I am going to go onto a limb and say that Obama loses on the merits of the case. In today’s WSJ, there is an op-ed by JAMES TARANTO that Abe Gluck will argue “that unless the subsidies are available nationwide, ObamaCare is a violation of states rights”, thus unconstitutional. I doubt that Roberts will go there.
I am not defending Roberts, but he would be personally ruined by siding against the regime. He would be a marked man for life, his adoptions reversed, hounded incessantly.
Any personal misdealing would be brought under the national media microscope.
Put yourself in his shoes. Not even close, he will not go against the dictator.
>>There is a 0% chance that Roberts will side with conservatives on this.<<
I actually think it’s more like 90-10 that the Court will find the subsidies illegal. Despite the Left’s many assertions, the clear language of the law, and its history, argue for their being found unlawful.
However, another consideration is the speed with which they took up King vs. Burwell. There was only a conflict between appeals courts because that case originally found that the subsidies were legal. The DC Court, in a 3-judge panel, found that they were illegal. That created the conflict, but then Obama packed the DC Court and after the packing the full court agreed to rehear the case. Virtually everyone knew that was going to result in a reversal, which would remove the conflict between appeals courts.
So, if the Supreme Court wanted to duck the issue, all they had to do is wait for the DC Court to reverse its own 3-judge panel. Instead, as advocated by some conservative writers, the Supreme Court hurriedly decided to take up King vs. Burwell (while the conflict still existed.)
I don’t believe they would have bothered to do that unless they had already decided that misreading the clear words of a statute was a bridge too far. But we’ll see in June or July, I guess.
Incidentally, by that time the GOP should have a solid overhaul of the healthcare mess ready to go. If they do, the screaming will fall on the Dems. If they don’t, they’ll be demagogued mercilessly.