Subsidies through Healthcare.gov may be illegal. (user search)
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  Subsidies through Healthcare.gov may be illegal. (search mode)
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Author Topic: Subsidies through Healthcare.gov may be illegal.  (Read 5088 times)
King
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« on: July 22, 2014, 10:37:30 AM »

This is a really poor ruling, in that the upper judiciary is not supposed to interpret the language of laws but their constitutionality. It's been long established by the SCOTUS that it is up to the executive to the interpret law.

The decision itself is also oddball in the chain of the lower court rulings which all favored the opposite.

The full appeals court should scrap this and the SCOTUS won't pick it up.
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King
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« Reply #1 on: July 22, 2014, 12:57:21 PM »

I think this was just the case of the government getting a bad draw in the panel assignments.

The only unfortunate part is that the overturning of this will get 1/250th the media coverage of this action.
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King
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« Reply #2 on: July 22, 2014, 08:52:22 PM »

This is a really poor ruling, in that the upper judiciary is not supposed to interpret the language of laws but their constitutionality. It's been long established by the SCOTUS that it is up to the executive to the interpret law.

Where did you get that idea from?  The SCOTUS, for quite a long time, has interpreted statutes.  To say that the judiciary is not supposed to interpret statutory language doesn't mesh with Chevron v. NRDC.  If only the executive, and never the courts, were allowed to interpret statutes, the executive could do whatever it wanted and avoid the courts entirely, claiming that everything was within its discretionary interpretation.  Clearly the courts must have some ability to interpret statutes.

What are you talking about? The Chevron case ruled the executive's interpretation of the law goes. That's exactly the precedent it set.
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King
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« Reply #3 on: July 23, 2014, 12:51:07 PM »

I wouldn't be concerned about SCOTUS. I don't think Kennedy or Roberts would side with dismantling this thing over an obvious technical error. Alito might not either.
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King
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Posts: 29,356
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« Reply #4 on: July 23, 2014, 12:53:10 PM »

And Inks, this clearly fails the 2 prong test of whether the courts should intervene with an executive decision since the testimony of those who wrote the damn law said this ruling was not the intent of their language.
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King
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Atlas Star
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Posts: 29,356
United States


« Reply #5 on: July 23, 2014, 06:36:52 PM »

I wouldn't be concerned about SCOTUS. I don't think Kennedy or Roberts would side with dismantling this thing over an obvious technical error. Alito might not either.

I think it is all up to Roberts. My impression is that Kennedy is dead set against the Act.

I still have foolish faith that only Scalia and Thomas put politics before principal when it's too blatant.
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