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Old 09-07-2014, 09:51 AM
 
Location: Old Bellevue, WA
18,782 posts, read 17,352,042 times
Reputation: 7990

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D.C. Circuit grants en banc rehearing in <em>Halbig v. Burwell</em> - The Washington Post

In a little-noted story, the DC appeals court agreed to review a decision that had threatened to bring Obamacare to a screeching halt. The whole story is quite arcane, but basically a 3-judge panel ruled that the language in the Affordable Care Act meant what it said, and couldn't be ignored, wished away, or altered by the Admin.

An obscure provision of ACA (Obamacare) requires that recipients of subsidies sign up on a state exchange, but 36 states have opted not to establish an exchange. The admin then decided to ignore the provision, and allow subsidies for people who signed up on the federal exchange as well.

The 3-judge panel ruled that the plain language of the law could not be wished away. The 4th circuit appeals court had already ruled that it could, so this was likely headed to the Supreme Court for resolution. The decision to review means that the 3 judge panel could be overturned, since the full court is stacked with Democrat-appointed judges, including 4 appointed by Pres. Obama.

It's not a sure bet at this point, but it does look like the admin will succeed in its quest to impose its will, while bypassing the legislative branch.

A few more links on this:
http://reason.com/blog/2014/09/04/th...ets-its-wish-i

D.C. Circuit Will Re-Hear Halbig Case Against Obamacare Subsidies

Obamacare Halbig Case To Be Reviewed - Business Insider

Decision To En Banc Halbig v. Burwell Is Unwise, Unfortunate, And Appears Political - Forbes
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Old 09-07-2014, 10:12 AM
 
7,413 posts, read 6,225,470 times
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Obama is keeping the courts busy.
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Old 09-07-2014, 10:22 AM
 
17,441 posts, read 9,261,206 times
Reputation: 11906
This is why Harry Reid and the Democrats "changed" the Rules on a Filibuster ..... of course they will want those Rules "changed" back as soon as they no longer have control of the Senate. Reid needed to be able to "pack" the Court, so that's what he did. He will be singing a different tune (as will all the Left) when Harry Reid's stranglehold on the US Senate is over.

It won't matter in this case - other cases are being prepared as I write this - there will be more and more lawsuits over what is called an "obscure" (but not so "obscure" that they don't write exactly why they deliberately wrote it that way) State Exchange Provision. It almost certainly will go to the US Supreme Court - the Leftists are counting on it taking years to do so. Will it matter? Time will tell.
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Old 09-07-2014, 11:06 AM
 
Location: Old Bellevue, WA
18,782 posts, read 17,352,042 times
Reputation: 7990
Quote:
Originally Posted by Kibby View Post
This is why Harry Reid and the Democrats "changed" the Rules on a Filibuster ..... of course they will want those Rules "changed" back as soon as they no longer have control of the Senate. Reid needed to be able to "pack" the Court, so that's what he did. He will be singing a different tune (as will all the Left) when Harry Reid's stranglehold on the US Senate is over.

It won't matter in this case - other cases are being prepared as I write this - there will be more and more lawsuits over what is called an "obscure" (but not so "obscure" that they don't write exactly why they deliberately wrote it that way) State Exchange Provision. It almost certainly will go to the US Supreme Court - the Leftists are counting on it taking years to do so. Will it matter? Time will tell.
The Forbes link posted above is by Michael Cannon, Cato Institute health care specialist who helped to uncover the provision and bring us to this point. Cannon agrees w/ you that this will wind up before the Supreme Court anyway. Other observers say no.

I hope Democrats are enjoying this Imperial Presidency while it lasts. If a Republican wins back the WH in 2016, there are many of us who will be calling for these exact same tactics to be used against the liberal agenda rather than for it.
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Old 09-07-2014, 12:14 PM
 
Location: OCEAN BREEZES AND VIEWS SAN CLEMENTE
19,893 posts, read 18,436,651 times
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Quote:
Originally Posted by wutitiz View Post
The Forbes link posted above is by Michael Cannon, Cato Institute health care specialist who helped to uncover the provision and bring us to this point. Cannon agrees w/ you that this will wind up before the Supreme Court anyway. Other observers say no.

I hope Democrats are enjoying this Imperial Presidency while it lasts. If a Republican wins back the WH in 2016, there are many of us who will be calling for these exact same tactics to be used against the liberal agenda rather than for it.

Me too, but you do know what will happen right. I can see and hear it now. With them it truly is my way, and do as we warn you too. Or else, hell to pay.
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Old 09-07-2014, 05:03 PM
 
17,441 posts, read 9,261,206 times
Reputation: 11906
Quote:
Originally Posted by wutitiz View Post
The Forbes link posted above is by Michael Cannon, Cato Institute health care specialist who helped to uncover the provision and bring us to this point. Cannon agrees w/ you that this will wind up before the Supreme Court anyway. Other observers say no.

I hope Democrats are enjoying this Imperial Presidency while it lasts. If a Republican wins back the WH in 2016, there are many of us who will be calling for these exact same tactics to be used against the liberal agenda rather than for it.
I've read more that think it will (Constitutional Lawyers) than those that think it won't. I issue will be timing and what happens between a suit filing and the High Court decision. ScotusBlog is the place to watch for any developments.

As to using the same tactics -- I didn't agree when Bill Frist wanted to do when the GOP led the Senate, but at least it didn't happen. I'm not a fan of "revenge", I'm not a fan of double standards. I certainly think that Harry Reid AND all the Democrats have opened a can of worms that they will regret. They will throw temper tantrums like small children if/when the GOP continues the "rules" that Harry Reid and ALL the Democrats imposed. Keep in mind that none of those Democrats were willing to buck Reid on this action or really on any other action he has taken. They are ALL Rubber Stamps to this nonsense, which is why they MUST be defeated.

I have no problem at all with different Political Platforms, different Political Viewpoints or different Political Ideology. I've voted both Democrat & Republican, I've never joined a Political Party OR given a dime to a Political candidate. I'm fiscally conservative, fairly socially liberal - but I can't accept and won't accept Double Standards, Lies, Cover-ups and Corruption. That's what the Democrat party has become - Sheeple that go along to get along and are willing to Cover-Up and hide from Investigations like the IRS Scandal. Lois Lerner admitted what they did, Mr George is now being attacked by a Democratic Senate report ..... attacked by doing his Watchdog JOB that is mandated by Law.

And Crickets from all the Democrats - they hide in corners and try to pretend it's not happening.
It's absolutely outrageous and proves that these cowards are not fit for office.

That brings me back to "same tactics" -- everything I wrote about these out of control cowardly Democrats, I will write about Republicans if they try and pull the same shenanigans. Back to that Double Standard again. It's way past time for people with Backbone to clean this corruption out of all these Agencies in Washington D.C. and get back to the Rule of Law.
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Old 09-07-2014, 05:11 PM
 
4,130 posts, read 4,459,658 times
Reputation: 3041
Quote:
Originally Posted by daylux View Post
Obama is keeping the courts busy.
Conservatives are actually, and losing at every turn.
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Old 09-07-2014, 05:58 PM
 
1,199 posts, read 734,263 times
Reputation: 609
I dont see this working out for the right at all. If the court rules against the ACA, states who want to keep going could easily claim they are running the exchange and 'contracting' the feds to run the exchanges. It will be like the Medicaid expansion issue, as we are seeing red states getting into a world of hurt by not expanding medicaid, and now more red states are expanding.

Btw, do people honestly believe if the ruling stands, that it will be a victory? The individual insurance markets would be destroyed and then you would have your death spirals.
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Old 09-07-2014, 06:00 PM
 
1,199 posts, read 734,263 times
Reputation: 609
Quote:
Originally Posted by EmeraldCityWanderer View Post
Conservatives are actually, and losing at every turn.
Will they won hobby lobby, but they now celebrate a non existing entity having religious beliefs, and as a Christian, that scares me.
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Old 09-07-2014, 06:35 PM
 
Location: OCEAN BREEZES AND VIEWS SAN CLEMENTE
19,893 posts, read 18,436,651 times
Reputation: 6465
Quote:
Originally Posted by Stizzel View Post
Will they won hobby lobby, but they now celebrate a non existing entity having religious beliefs, and as a Christian, that scares me.

Nothing in the world wrong with having religious beliefs. As long as these beliefs do not become radical and extreme.

Any religion of any faith, can become radical and extreme, not just Christians. To not have a belief scares me.

So are libs the only ones these days that can have certain beliefs, and that is suppose to be taken for fact, don't think so bud.
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