Posted on 03/04/2015 11:15:53 AM PST by Cincinatus' Wife
11:26: When a law is ambiguous, the court often defers to the agency in charge of administering it. The U.S. Court of Appeals for the 4th Circuit said just that, and that the IRS interpretation that subsidies were available to all was a reasonable one.
Verrilli resisted questions about ambiguity, saying it was clear. But if not, he said, the agency does deserve deference.
But Justice Anthony M. Kennedy said he was concerned about giving the power to allocate billions of dollars in subsidies to an agency.
It was then that Chief Justice John G. Roberts Jr. asked his only substantial question. If it was up to the agency to decide, he asked Verrilli, could a new administration change the decision?
Verrilli said its action would have to be consistent with an accurate reading of the law..
(Excerpt) Read more at washingtonpost.com ...
Roberts and Alito are RINGERS that George Bush Jr. INSTALLED to further his familys ONE WORLD GIVERNMENT treasonous agenda..
The whole family are One Worlders.. always have been..
So is Barry Soetero... the Clintoons.. and K Street..
And just how do you do that if it's completely ambiguous? An "accurate reading" becomes whatever some bureaucrat says it is.
I think that’s where Roberts was going.
There is nothing ambiguous about it. It plainly says State Exchanges are the ones that can provide the subsidies. And Gruber’s videotapes plainly reveal that that was their intent.
Nothing much here. The Supreme Court has junked the Constitution for years and will continue.
In a nutshell.
: )
Roberts: “I’ll cook up another convoluted pretzel to which no other Justice will sign”.
I think Alito has been solid...unless I am forgetting something. Roberts was good until Obamacare, and once Obama attacked the court, he’s crumpled to the ground in fetal position like the rest of the DC Republicans.
The GOPee won’t be letting Cruz anywhere near the White Mosque.
Hummm, I wonder if he's thinking it may be an unlawful delegation of power.
Sane people would think exactly that.
Roberts and Alito are RINGERS that George Bush Jr. INSTALLED to further his familys ONE WORLD GIVERNMENT treasonous agenda..
The whole family are One Worlders.. always have been..
So is Barry Soetero... the Clintoons.. and K Street..
That is why we get creeping totalitarianism through bureaucratic overreach. The government was created to defend our liberty, not to destroy it. If the CJ of SCOTUS doesn't see the court's role as one of restraining the federal leviathan's encroachments on liberty then we are lost.
Tipping point.
This will not end well.
First, I do not think Roberts will vote to gut Obamacare after the lengths he went to last time to rewrite the whole thing as just one big tax bill. From oral arguments this morning, it appears that Kennedy will also flip this time. So it is extremely likely that the Court will rewrite Obamacare to extend the subsidies by either a 5/4 or 6/3 vote.
In the unlikely event that the Court actually follows the law and throws out the subsidies then we will have a replay of the amnesty budget debacle.
The Democrats and the lamestream media will loudly blame the evil Republicans for stealing subsidies and insurance from millions of poor people who are now relying on it. The House will respond by passing a bill extending subsidies for this year and then terminating or scaling back Obamacare. The Democrats in the Senate will insist on a clean bill just extending the subsidies.
The Republicans will then cave and that will be that.
A law is where a rule or rules state a prescribed course of action which are required to be undertaken. Whenever the statement of a prescribed course of action is too ambiguous to reliably prescribe the course of action, by definition there can be no reliable or customary prescription, rule or law.
It’s whatever the Department of Health and Human Services Secretary wants it to be.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.