Skip to comments.Split Rulings Over Obamacare Point to Another Supreme Court Showdown
Posted on 07/22/2014 11:28:18 AM PDT by SeekAndFind
Less than an hour after an appeals court in Washington ordered the Obama administration to turn off the spigot of federal subsidies to consumers through U.S.-run health-care exchanges, an appeals court in Virginia ruled that the subsidies should be allowed to keep on flowing.
With the future of Obamacare hanging in the balance, the back-to-back opinions raise the likelihood of another Supreme Court showdown over the the presidents marquee law.
The two circuits split over an issue fundamental to the implementation of the Affordable Care Act. That is, whether the Internal Revenue Service had the authority under the statute passed by Congress to extend federal subsidies to coverage acquired through federal exchanges.
In 36 states, the federal government runs some or all of the online exchanges. So, if the subsidies are invalidated, the number of people who must purchase health insurance or face a penalty could shrink significantly.
(Excerpt) Read more at stream.wsj.com ...
The only vote that even possibly could change to make it 5-4 the way we want it is...
John Roberts is compromised.
His last opinion made no sense in the context of Constitutional law and in fact he created his own constitutional basis for upholding the PPACA.
I wish I was wrong in saying that SCOTUS will uphold the 4th circuit ruling.
Gonna be hard for SCOTUS to analyze Obamacare again with Robert’s head stuck in the sand.
These court procedures will never finish out before this country is GONE. Too bad our founding fathers didn’t anticipate this tactic.
Too little, too late.
I see zero chance that Roberts is going to flip sides and vote to throw out Obamacare on this issue.
Always remember, the Constitution says whatever 5 out of 9 Supreme Court Justices say it says.
These court procedures will never finish out before this country is GONE. Too bad our founding fathers didnt anticipate this tactic.
Too little, too late.
Speaking of compromised. If you go to any of the websites where these rulings are reported and read the comments, you’ll see many of our fellow citizens are compromised. They’re completely happy with making us buy things we don’t want. At the anti illegal immigration rallies around the country you had thousands of people coming together in SUPPORT of what’s happening at the border, with vitriol for those of us who wanted some semblance of law. So, whatever the court decides, we’re too divided to keep living under the same laws. They want to dictate everything we do. They want us to pay them for doing thins we find disgusting, and criminalize our thoughts and words. We can’t live with them anymore.
The court may be too busy working on transgender rights to bother with this matter.
Roberts will not change.
Roberts view of being a Conservative SC Justice is that of a minimalist. His vote on the ACA basically telegraphed his view that it Congresses role not the Supreme Court’s role to decide on the fate of the ACA.
So the SC will likely force Congress to deal with the issue just in time for the 2016 election. Does anyone seriously think the Congress Critters will tell millions of folks on the subsidies, and the big insurance companies making big profits from those subsidies, that Congress is going to take away those subsidies in an election year?
I think those who prejudge Roberts are wrong to do so, but only time will tell.
Obama will never let the ACA be compromised in any shape or form, no way he lets the SC rule against his law in a manner that would make it null and void.
You are likely to be right. Hoping for change...for C.J. Roberts
I can’t blame them.
If you have a bad record on this one issue that affects everyone, it’s hard to regain trust.
RE: I think those who prejudge Roberts are wrong to do so, but only time will tell.
I cant blame them.
If you have a bad record on this one issue that affects everyone, its hard to regain trust.
RE: His vote on the ACA basically telegraphed his view that it Congresses role not the Supreme Courts role to decide on the fate of the ACA.
If this is so, then the right decision would have been to in effect say this :
“The law as written now, PENALIZES people who do not purchase healthcare. That is a violation of the constitution. However, if it were written as a tax, then Congress can tax people for not purchasing healthcare. But since as written, it IS NOT a TAX but a PENALTY, it is UNCONSTITUTIONAL”.
In this way, he could have thrown the law back to Congress to rewrite.
Instead, he RE-IMAGINED what was CLEARLY a PENALTY into a TAX, in effect, rewriting the law himself.
Communist manipulation of our so called “courts”. What a joke. A real circus. Flippin’ lowlife “judges”. Our laws mean NOTHING! Their rulings depend only on which party THEY work for.
Congress is going to have to change the law. Not the Roberts’s SC.
Unfortunately, Congress is populated by folks only interested in getting reelected so I'm not holding my breath.
By upholding it AS WRITTEN and as Congress INTENDED it (that the subsidies be an incentive for states to establish exchanges), he thereby eliminates subsidies for states with no exchanges, and hoists O'care on its own petard.
Thus he is consistent with his earlier ruling.