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Obama’s Law Professor: "I Wouldn’t Bet" on Obamacare Surviving Next Legal Challenge
National Review Online ^ | July 11, 2014 | Joel Gehrke

Posted on 07/22/2014 8:42:45 AM PDT by Biggirl

President Obama’s old Harvard Law professor, Laurence Tribe, said that he “wouldn’t bet the family farm” on Obamacare’s surviving the legal challenges to an IRS rule about who is eligible for subsidies that are currently working their way through the federal courts.

“I don’t have a crystal ball,” Tribe told the Fiscal Times. “But I wouldn’t bet the family farm on this coming out in a way that preserves Obamacare.”

(Excerpt) Read more at nationalreview.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: duplicate; fakedate; healthcare; medcine; obamacare

1 posted on 07/22/2014 8:42:45 AM PDT by Biggirl
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To: Biggirl

Your lips, God’s ear professor.

Think you can get it right this time John?


2 posted on 07/22/2014 8:44:55 AM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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To: Biggirl

Don’t agree because of the recent appointees to the D.C. Cir. While the panel, moments ago, ruled against ODimwit, the full bench will rule for him. I also don’t see SCOTUS even taking this one.


3 posted on 07/22/2014 8:45:05 AM PDT by RIghtwardHo
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To: Biggirl

Democrat nominees now have a majority on the DC Circuit thanks to Reid eliminating the filibuster. The full court may overturn the panel’s ruling.


4 posted on 07/22/2014 8:45:13 AM PDT by cotton1706 (ThisRepublic.net)
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To: RIghtwardHo

Sure about that?

Get some info and get back to me please! Thank-you!


5 posted on 07/22/2014 8:46:10 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: cotton1706

Maybe.


6 posted on 07/22/2014 8:46:36 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Biggirl

The political elite want obamacare. I would bet money it survives.


7 posted on 07/22/2014 8:47:51 AM PDT by brownsfan (Behold, the power of government cheese.)
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To: brownsfan

I support the prof. He is telling just like it is.


8 posted on 07/22/2014 8:48:34 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: brownsfan

The Court of Appeals shot a good sized hole in it today when they said “no” to subsidies for gubmint workers.


9 posted on 07/22/2014 8:49:45 AM PDT by DaveA37
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To: Biggirl

“I support the prof. He is telling just like it is.”

Like it should be.

How it is, is that our government is infested with a hoard of self interested elitists. Obamacare gives them the power they so deeply desire.


10 posted on 07/22/2014 8:50:19 AM PDT by brownsfan (Behold, the power of government cheese.)
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To: Biggirl

Should that be “supposed” law professor? Anybody seen those darn errant college records layin’ around anywhere? What? The were stored on lois lerner’s hard drive? Dang the luck. :>}


11 posted on 07/22/2014 8:50:34 AM PDT by rktman (Ethnicity: Nascarian. Race: Daytonafivehundrian)
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To: Ouchthatonehurt
Don't get too excited. Tribe is an Obama lackey and would love nothing more than the permanent installation of Obamacare. Further down in the article the real agenda is explained:

And he has no patience with Tribe’s suggestion that it would be “bizarre” for Roberts to conclude that only state-based exchanges can receive subsidies.

“He’s obviously trying to coach the Supreme Court on how to rule for the government here,” Cannon counters. “He’s also either ignoring or not aware of the legislative history showing that Congress was considering all sorts of proposals that would withhold subsidies from states that didn’t establish exchanges or do other things.”

“It is clear that he has not researched the legislative history, because there is nothing bizarre about it,” Cannon says.

12 posted on 07/22/2014 8:50:58 AM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: brownsfan

The more the truth is told, the more it will fall apart.


13 posted on 07/22/2014 8:51:14 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Biggirl

In a fair and just country, it might not survive, but Reid and Obama just packed the courts. Negotiating with the Democrats is like negotiating with Hamas.


14 posted on 07/22/2014 8:52:37 AM PDT by 11th_VA (Negotiating with Democrats is like negotiating with Hamas)
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To: rktman

I twitterd this article to my local conservative talkradio show host. He just read it. Good for him.

http://www.cnbc.com/id/101819065


15 posted on 07/22/2014 8:53:34 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: 11th_VA

Can you get back with some info please! Thank-you!


16 posted on 07/22/2014 8:54:12 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Biggirl
My guess: the DC Court of Appeals will rehear the case en banc rationalizing the decision to do so by describing it is a matter of great public interest. Because Obama has recently stacked court with three judges whom the Republicans could not filibuster after they laid down and submitted to Majority Leader Reid's change of rules, the full court will reverse the decision below and uphold the power of the IRS to make payments to exchanges set up by the IRS.

The Supreme Court will probably take the case especially if a different Court of Appeals rules to the contrary. However, we go into the Supreme Court with four justices presold (out) and questionable characters in Chief Justice Roberts and Kennedy whom we need or the case is lost. I have far more confidence in Kennedy than I do in Roberts.

God only knows what kind of considerations will go through Robert's mind, that is, whether to redeem himself by declaring the payments unlawful or to vindicate himself by declaring them unlawful.

There is a possibility that the Supreme Court will not take up the case which will be more likely if there is no contrary decision in any other federal court and that would imply that the en banc decision which I anticipate in the DC Court of Appeals would stand in the payments would be held to be illegal. My best guess is that another Court of Appeals will agree with this decision and declare the payments illegal. If not, the high court may regard the decision below as one of statutory interpretation and not of constitutional import and therefore decline the case.


17 posted on 07/22/2014 8:54:14 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: Biggirl
But folks, it DOESN'T MATTER if he "funds it" anyway UNLESS the House exercises its constitutional obligations and shuts down the gubment until Zero signs off on a real budget.

To me, this shows how prescient and necessary the government shutdown was over a year ago and why this fight will still have to be fought and won.

18 posted on 07/22/2014 8:55:15 AM PDT by LS ('Castles made of sand, fall in the sea . . . eventually.' Hendrix)
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To: Biggirl

Hopefully the Obamacare tornado will be over soon. Still, cleaning up the mess will take years.


19 posted on 07/22/2014 8:56:02 AM PDT by Huskrrrr
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To: nathanbedford

Thank-you for a full explaination of the info.


20 posted on 07/22/2014 8:56:17 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Biggirl

Even if Obamacare is struck down, it will still have much support among the American people who believe it will “stick it” to doctors and hospitals.


21 posted on 07/22/2014 8:58:50 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: Biggirl
The more the truth is told, the more it will fall apart.

Not at all; the American people don't like the truth unless it is what they want to hear.

22 posted on 07/22/2014 9:00:18 AM PDT by Theodore R. (Liberals keep winning; so the American people must now be all-liberal all the time.)
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To: CaptainK

We live in hope!
http://www.cnbc.com/id/101819065


23 posted on 07/22/2014 9:01:01 AM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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To: Ouchthatonehurt
LOl I'm almost giddy with that decision !!!
24 posted on 07/22/2014 9:02:32 AM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: Theodore R.

Slowly, people are starting wake up, give it time.


25 posted on 07/22/2014 9:04:41 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: CaptainK

“In his dissent, Judge Harry Edwards, who called the case a “not-so-veiled attempt to gut” Obamacare, wrote that the judgment of the majority “portends disastrous consequences.”

As if Obamacare isn’t a not-so-veiled attempt to gut the Constitution!


26 posted on 07/22/2014 9:07:20 AM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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To: Ouchthatonehurt
Judge Raymond Randolph - Bush nominee

Judge Thomas Griffith - Bush nominee

Judge Harry Edwards - Carter nominee

I won't bother posting pictures because your mind's eye already knows what will appear.

27 posted on 07/22/2014 9:11:26 AM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: Ouchthatonehurt


It's homo blackmail time again for Justice Roberts.
28 posted on 07/22/2014 9:11:33 AM PDT by jimbo123
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To: nathanbedford

I tend to think that SCOTUS will ultimately take and decide this regardless of what the packed DC Circuit does.
If for no other reason than that we have four (original dissenters) who still hate the law, I think they will hear the case. As long as the composition of the court doesn’t change I think there is a decent chance that Roberts will join the four original dissenters and say that it is not the job of the court to protect legislation from its own explicit language.
The court did just that in a recent EPA case with the five justices we need in this case.
It’s the best legal challenge to the ACA available from my vantage point.
If Roberts had gone against Hobby Lobby I wouldn’t even hold out any hope on this one. But his willingness to piss off the administration makes me think his vote is seriously in play here.


29 posted on 07/22/2014 9:14:41 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Clump
Your reasoning makes perfectly good sense. But I'm not sure that logic is what will carry the day with Justice Roberts. As I meant to say in my reply, it depends on whether he seeks absolution or vindication.I simply don't believe he will proceed concerned only with doing justice.

We all hope you're right.


30 posted on 07/22/2014 9:19:20 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

Yea my hope (emphasis on hope) is that Roberts has seen the aftermath of the ACA and regretted it ever since.
From his standpoint he could easily rule with the conservatives on this one and say “I take the cases as they come and this time Congress didn’t leave us with any other choice but to follow the clear language which could have (but wasn’t) been written to mean what the IRS wants it to mean”.
The majority can clearly and plainly pin this ruling right on the donkey where it belongs.
Perhaps Roberts learned his lesson about deals with the devil and how well they turn out.
They wrote the law and shouldn’t get to have the court fix their mistake just because they don’t have the present majority to get it amended legislatively.
As a lawyer it is clear cut to me. The language isn’t ambiguous and it’s not a scrivener error, so the court should apply it as such.
The dishonest and ridiculous arguments from the WH and the left reek of desperation.


31 posted on 07/22/2014 9:31:33 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: Biggirl
Obama’s Law Professor: "I Wouldn’t Bet" on Obamacare Surviving Next Legal Challenge

I would like to know if Obama's Law Professor would bet on Obama finishing his term..................

32 posted on 07/22/2014 9:40:08 AM PDT by varon (Para bellum)
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To: Clump
I rarely listen to Rush but I am now to get his take on this case. He says that the DC court has 11 judges and everyone expects the seven appointed by Obama (or Democrat president?) to rule along party lines and approve the IRS payments.

I suspect he is right and it is a very sad commentary on the state of justice in America. It has frightening implications for the rule of law and our society. As people catch on to what is happening, that is, that we have the "rule of party" as Limbaugh says rather than the "rule of law" we can expect cynicism and its handmaiden, corruption to spread even faster throughout the land.

Widespread corruption means economic and social disintegration. One more legacy which has Obama smiling as his transformation proceeds apace.


33 posted on 07/22/2014 9:50:39 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

You got it and I am afraid it will make things worse for America.


34 posted on 07/22/2014 9:55:39 AM PDT by Biggirl (“Go, do not be afraid, and serve”-Pope Francis)
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To: Clump
Evidently the Fourth Circuit Court of Appeals has just ruled in favor of the government creating a conflict and rulings and greatly increasing the likelihood that this will in fact go to the Supreme Court as you predicted.


35 posted on 07/22/2014 10:04:05 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: Biggirl

Kill 0bamaCare before it kills you!


36 posted on 07/22/2014 10:09:26 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: nathanbedford

I don’t know if there will ultimately be a split after the full DC Circuirt rules.
That said, I highly doubt that the SCOTUS is going to let something of this magnitude get decided by the lower courts.
The other main reason is that all we need is four to get the case heard, and the original four dissenters really have nothing to lose by hearing this case.
Often times one side will choose not to hear an appeal if it thinks it won’t get five votes, for fear that it will just be more precedent to overcome in the future.
But this is a case of statutory interpretation so there’s no reason to fear taking it.
We could talk all day about the lower courts, statutory interpretation, that EPA case (which is on point), but at the end of the day it will come right down to Roberts.
There’s not one ounce of intellectual honesty on the left, and Roberts is (or has been) too caught up in the perception of the court and his legacy to be reliable.


37 posted on 07/22/2014 10:19:09 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: CaptainK
Sorry. Had to... Harry Edwards Raymond Randolf Thomas Griffith
38 posted on 07/22/2014 11:51:04 AM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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