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To: KevinB
Roberts will interpret the clear language of the statute and will find the subsidies illegal.

So Roberts will let this fester for 6 more months then rule it is unconstitutional? Dream on, it will go down exactly like it did last time unless of course the GOPe rescue it by some other means. In either case the ACA is here to stay.

18 posted on 12/24/2014 8:06:10 PM PST by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: itsahoot
This is not a Constitutional law question. It's a question of statutory interpretation. The Supreme Court has agreed to hear it because there exists the possibility of conflicting rulings in the circuits on the interpretation of the subsidy language.

Roberts is a strict constructionist. He will construe the language to mean that the subsidies are payable only to people in states that have exchanges because that's what the language plainly says. If the majority of the Court agrees, which I think it will, Obamacare will still be very much in place, but no subsidies will be payable to people living in states without exchanges. That begins the death spiral for Obamacare as we know it since the very people it was designed to help will not be able to afford the premiums.

Roberts hates Obamacare as policy and pretty much said so in his previous opinion. He was bound to follow his interpretation of the Constitution, however. He found that the penalty was a tax because there is Constitutional authority for that. As an attorney for over thirty years who has studied the Constitution extensively, I think he got it right (as much as I hate the result).

The conservatives on this board who have focused their ire on Roberts do not realize that the majority of the Court in that opinion, including Roberts, ruled that Congress does not have the authority under the Commerce Clause to force people to buy insurance. That was a big win for believers in smaller government.

22 posted on 12/25/2014 5:33:58 AM PST by KevinB (Barack Obama: Our first black, gay, Kenyan, Socialist, Muslim president!)
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