General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDid SCOTUS ruling in Baker Botts v ASARCO foreshadow a victory for Burwell King plaintiffs?
http://www.wiappellatelaw.com/2015/06/16/did-justice-thomas-foreshadow-the-downfall-of-obamacare-in-baker-botts/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wiappellatelaw%2Ffull+%28Wisconsin+Appellate+Law%29?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integrationBasically, Thomas, writing for the majority, said the Court is under no obligation to consider the negative impact of a ruling, no matter how harsh the outcome might be.
Maybe I'm just paranoid, but if they use the same logic in Burwell v King, it looks like a 5-4 decision to gut the ACA subsidies.
I'm also surprised there's been so little discussion of this case on DU. It's probably THE most pressing domestic issue right now, and a ruling for the plaintiffs will make it THE biggest 2016 campaign issue, bar none.
randys1
(16,286 posts)punishing those who voted for Obama and to destroy his legacy.
And when they do this, I want to know why our reaction should not be SEVERE
still_one
(92,190 posts)by republicans, and will hurt those people the worse
randys1
(16,286 posts)still_one
(92,190 posts)Only those states that refused to setup an exchange, will lose it
Ironically, KY won't because they signed on to the ACA, expanded Medicare and have their own exchanges
The argument is the Feds cannot directly provide the subsidies because of 4 words referring to the state, which is a distortion of the intent
In addition, the assholes bringing this to the SC are not even affected by it, which is another reason the court should not have accepted the case
http://m.huffpost.com/us/entry/7604518
calimary
(81,267 posts)Warpy
(111,261 posts)although if they let that moron Thomas write an opinion, it's not looking good.
joeybee12
(56,177 posts)He'll sign it...you know, with a big X...since he really can't read or write.
Warpy
(111,261 posts)It's poorly thought out and not thought through, conforming more to Ayn Rand than to the constitution, a problem with the whole bunch of conservative goons on the bench.
Gothmog
(145,242 posts)If the court applies normal rules of statutory construction, there will be no issue as to the ruling.
Princess Turandot
(4,787 posts)he's quoting from a unanimous 2004 SCOTUS decision in a bankruptcy case, Lamie v. United States Trustee. His decision wasn't based on that case: the quote was a single reference to it near the end of the opinion.
He did not mention the Lamie opinion's main point, which said that "The statute is awkward, and even ungrammatical; but that does not make it ambiguous on the point at issue." I think that a major part of the argument by the government in Burwell was that a reading of the statute in its entirety, despite that one friggin' sentence on which the challenge was based, indicated that it never intended to limit the subsidies only to participants in the state exchanges.
He and Scalia have been known to make snarky comments to their 'brethren' in dissents. It happened in some of their written dissents this term when the majority refused to stay lower fed court rulings invalidating anti-marriage equality statutes.
IMO, Burwell will come down CJ Roberts and why he decided in 2012 to uphold the individual mandate, against what people had expected from him, and using a rationale that no one had argued in court. No one knows what happened there. If he had some kind of epiphany regarding people's need to have access to health care, one hopes it continues.
We'll know soon enough!
lancer78
(1,495 posts)was taught by Lawrence Tribes. I think a couple days before the ACA ruling in 2012, Tribes wrote an article stating why Roberts would rule in favor of ACA.