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Now it falls to Congress to fix it and the Republicans are making it clear that the Democrats made this thing in secret without any Republican input and the Republicans are content to let the Democrats choke on it.
As they should.
Par for the course. By now the ACA is not reversible, but it's opponents will keep trying. Making a minor court decision into some kind of major strategic victory is probably all they have left to make them momentarily happy because it's inevitable that a higher court will uphold the ACA as being completely leal and constitutional. This has happened several times over the last couple of years, with the same outcome occurring every time.
And a couple of hours later a court with more authority upholds the ACA and strikes down the lower court's faulty ruling.
Nope. They're equal courts but two different districts. The fact of the two contrary rulings will fast track this to the Supreme Court to resolve the discrepancy.
By now the ACA is not reversible.
Can the current Congress repeal it? Not at all.
But if the Republicans refuse to fix it then it will eventually be such a cluster that the Democrats will repeal it.
Like I said, there's no reason why the Republicans should fix ACA given that the Democrats wrote it in secret, passed it without a reading, and then used a variety of parliamentary tricks to silence Republican commentary.
The Democrats own this pig from top to bottom and I wholly support the Republicans as they let the Damnocrats swing at the end of their rope like they deserve.
Interesting in this case is it's a liberal court saying that the law does not allow for subsidies to those who signed up on the Federal website...and the court is right.
Now it falls to Congress to fix it and the Republicans are making it clear that the Democrats made this thing in secret without any Republican input and the Republicans are content to let the Democrats choke on it.
As they should.
In the end, the battle between the Fourth Circuit and the DC Circuit is a battle over who gets to make law. Normally, that power rests with Congress, but when a law is ambiguous, the Supreme Court has long recognized that courts should defer to the Executive Branch. This rule achieves two ends. It ensures that agencies with expertise on a particular area of law get to interpret that law, rather than leaving matters to inexpert judges. And it also ensures that the people who make important policy decisions are ultimately accountable to the American people.
If the electorate does not approve of the Obama Administration’s reading of this law, then the Fourth Circuit’s opinion permits them to vote for a different president who will read the law in a different way. The DC Circuit, however, would steal this decision away from the American people, and place it in the hands of a few unelected officials in black robes.
F'n activist Republican judges.
Interesting in this case is it's a liberal court...
F'n activist Republican judges.
It's the DC Circuit. If the two judges were card-carrying Nazis they'd still have to be liberals to get on that bench.