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Could a wording 'glitch' doom Obama's healthcare law?
The Los Angeles Times ^ | August 25, 2014 | David G. Savage

Posted on 08/26/2014 1:10:26 AM PDT by 2ndDivisionVet

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To: rdcbn; DB

Spot ON.

Bump


21 posted on 08/26/2014 3:48:03 AM PDT by Texas Fossil (Texas is not where you were born, but a Free State of Heart, Mind & Attitude!)
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To: 2ndDivisionVet
That prospect has sparked an intense debate over how the disputed language ended up in the law....

There is no debate about it at all.

The language was changed to remove subsidies for Federal exchanges because if it wasn't changed the law would not have passed.

That being the case, a court decision that this fact is irrelevant would be - revolutionary.

22 posted on 08/26/2014 3:51:32 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Jim Noble

“When a federal appeals court ruled last month that a seemingly arcane wording flaw in the Affordable Care Act should invalidate a central part of the law...........”

Odumbo simply revises the law on his own”.

There, finished it.


23 posted on 08/26/2014 3:59:03 AM PDT by DaveA37
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To: Pollster1

We live in the Age of Distrust, just like you see in the 3rd World.


24 posted on 08/26/2014 4:01:35 AM PDT by 1010RD (First, Do No Harm)
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To: 1010RD; All

People aren’t outraged, because people today fail to understand how the Constitution set up how laws were supposed to be passed.

They think the president can whip out his pen & make a law.


25 posted on 08/26/2014 4:09:38 AM PDT by PenguinM
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To: Texas Fossil

Bttt


26 posted on 08/26/2014 4:16:48 AM PDT by Guenevere
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To: Texas Fossil

Bttt


27 posted on 08/26/2014 4:16:49 AM PDT by Guenevere
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To: DB

Exactly Right!

And there are at least 2 audio recordings of the writer explaining his intent to large groups.


28 posted on 08/26/2014 4:36:06 AM PDT by G Larry (Which of Obama's policies do you think I'd support if he were white?)
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To: DB
“The writer of this section of the healthcare law wrote exactly what he intended and he will tell you as much.
He wrote it to bribe the states into creating their own exchanges and did not believe for a moment they wouldn’t do it. He was wrong.”

If the writer of this section said this publicly, and it is documented that he said it, this fact should be used to nullify any argument that the wording doesn't capture the intent.

29 posted on 08/26/2014 4:41:17 AM PDT by pieceofthepuzzle
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To: Zakeet

Great examples!
By the LA Times standards the Dred Scott Decision was a “glitch” that ended up with 600,000 dead American military in four years and untold suffering of the civilian population.


30 posted on 08/26/2014 4:45:13 AM PDT by BilLies ( it isn't the color of the skin, but culture that is embraced that degrades.)
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To: octex

Another so called glitch is that Muslims are exempt. The law was written as intended.


31 posted on 08/26/2014 4:56:24 AM PDT by taterjay
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To: EBH
Uh...no. There is something called the “intent of the law.”

But certain standard have to apply that are not met here.

First, the actual language of the law is very specific. Secondly, and most importantly, there is evidence that legislators considered adding the "missing" language. The general principles of statutory interpretation include that if language is ambiguous (which it isn't in this case anyway) and Congress considered a particular interpretation but explicitly did not include it, that they therefore meant to not include it and it should not be construed otherwise.

There is no way for a judge to rule that the "intent" is to provide a subsidy through a federal exchange, despite being in stark contrast to the actual language of the bill, without completely undermining the legal system. Oh, some will try, but I wonder if they realize how much damage they are doing to their own branch of the government in the pursuit of naked partisan politics.

32 posted on 08/26/2014 5:05:21 AM PDT by kevkrom (I'm not an unreasonable man... well, actually, I am. But hear me out anyway.)
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To: PenguinM

‘They think the president can whip out his pen & make a law’

This President does all the time. Who is going to stop him?


33 posted on 08/26/2014 5:06:50 AM PDT by originalbuckeye (Moderation in temper is always a virtue; moderation in principle is always a vice. Paine)
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To: PenguinM

Yep, a century of government schooling has allowed government fooling.


34 posted on 08/26/2014 5:20:01 AM PDT by 1010RD (First, Do No Harm)
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To: Hugin
As a wise man once said, “Words mean things.”

The language has been utterly destroyed. If you don't believe me check out the screen bottom scrawl on any TV newscast. It's fallen victim to years of Liberals running education, Bill Clinton and texting.


35 posted on 08/26/2014 5:48:32 AM PDT by Buckeye McFrog
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To: originalbuckeye; All

Our country is becoming too dumb to care to stop him. :/


36 posted on 08/26/2014 6:03:44 AM PDT by PenguinM
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To: 2ndDivisionVet

It seems a multitude of issues should “doom” obamacare, but nothing ever does, then again, we are not in America anymore.

I don’t see anything in the future to turn things around, except...Revolution Now!


37 posted on 08/26/2014 6:29:14 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: pieceofthepuzzle
If the writer of this section said this publicly, and it is documented that he said it, this fact should be used to nullify any argument that the wording doesn't capture the intent.

"And if all others accepted the lie which the Party imposed -if all records told the same tale — then the lie passed into history and became truth. 'Who controls the past,' ran the Party slogan, 'controls the future: who controls the present controls the past.' And yet the past, though of its nature alterable, never had been altered. Whatever was true now was true from everlasting to everlasting. It was quite simple. All that was needed was an unending series of victories over your own memory. 'Reality control', they called it: in Newspeak, 'doublethink'."

The purpose of that phrase in the ObamaCare Law is and always has been merely a typographic error. The author misspoke repeatedly when he said otherwise. The Ministry of Truth has spoken on this topic, and the past is now what it always has been; newspapers and video will shortly be updated to match the blueprint for reality that George Orwell's 1984 provided to our Big Brother.

38 posted on 08/26/2014 2:35:27 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: kevkrom
There is no way for a judge to rule that the "intent" is to provide a subsidy through a federal exchange, despite being in stark contrast to the actual language of the bill, without completely undermining the legal system.

To late for that, already been done. Roberts ruled the ACA was a tax in spite of the feds argument that it emphatically was not a tax, but a fee.

39 posted on 08/26/2014 3:16:28 PM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: DB

Exactly correct. The statute is crystal clear and, as you say, is exactly as intended.


40 posted on 08/26/2014 9:50:37 PM PDT by Ray76 (True change requires true change - A Second Party ...or else it's more of the same...)
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