Justices to hear challenge to health law subsidies

AP ^ | Nov 7, 2014 | MARK SHERMAN

[mlo]

"Really? Past performance is usually the best indicator of future performance."

There is no past performance, it's a new issue.

It isn't the court's job to decide in advance what outcome they want and rule accordingly, and that's not what they do. They decide specific issues. The fact that Roberts decided a different issue that had the effect of upholding Obamacare does not mean that he's somehow inclined to always uphold Obamacare regardless of what issue is being decided.

[Monorprise]

Yes but that would mean that the Federal employees in black robes would have to actually read the law rather than just procrastinate their ideological and political desires.

Its very clear that they see themselves not congress as the true power of Washington on what is law. That is why it really doesn’t matter what laws congress writes only what they fund, and increasinly not even that. We have a lot of dictators in the Federal injustice system.

[tellw]

Scalia, Alito, Kennedy and Thomas probably feel confident that Roberts is persuadable on this one hence they’re agreeing to take it up. Roberts went astray on the individual mandate but he did vote with the conservatives on the state Medicaid expansion and Hobby Lobby cases.

[bert]

I can see no other course than to take the words as written and deny the subsidies where there are no state exchanges

The question will then become must the receivers of illegal subsidies make restitution...... i.e. pay them back

The result of taking the case will be massive confusion as no action taken between now and the decision can be certain

[pepsionice]

I don’t think ‘pay back’ will ever come up. But the end to the subsidies will be almost immediate....within a couple of weeks. So imagine hundreds of thousands of people getting a notice in the mail...their cost went up by double, and it’s effective within sixty days. They’d all quit.

The President will ramble on about how we need to fix this...but it’s just not fixable. This entire problem goes back to 2,000 pages of text which no one read or understood.