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The complexity of the law notwithstanding, many commentators remain convinced that any ruling against the government would be one for politics over the law, leading to familiar questions of the “institutional legitimacy” of the Supreme Court should they rule against the government.

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Unfortunately, about 50% of the country cannot read or reason, and that would include about half the lawyers…, Sorry, but the law profession ain’t what it used to be . endobj There is a patent distinction between the state exchange and the federal exchange. But then again, this law has had a unique charmed life being protected from reality at several levels including the courts and unconstitutional executive decrees.
For all their legal gymnastics, however, Section 1321 exchanges simply can never be “Exchanges established by the State.” Indeed, follow the absurdity of the government’s reading of the statute here: A federally created Section 1321 Exchange = an Exchange established by the State under 1311. 2. it helps train legislators to craft laws so they come out as intended. <>2]/P 6 0 R/Pg 42 0 R/S/Link>> In King v. Burwell, the Fourth Circuit rejected a challenge to the Affordable Care Act that argued that the law does not permit subsidies and tax credits on the federal exchanges. 38 0 obj .

Be a shame if anything HAPPENED to it…”.

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2020-05-22T10:59:23-07:00

34 0 obj But suppose five members of the Supreme Court refuse to accept this argument. I am a retired Peace Officer, so I have more exposure to courts than most, albeit criminal courts. Obviously I'm persuaded by this argument. .you read the damn thing…AS WRITTEN.” My point exactly.

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Article III, Mandatory Arbitration, and Corporate ... Agency Class Actions and Trials By Statistics. It was written this way specifically to act as a carrot and a stick or more accurately as Medicaid defunding (stuck down in the first Obamacare case) and a club. Her storied... Sign and send the petition: The Senate must wait until after Inauguration Day to confirm a new Supreme Court justice.

Separation of Powers, Chevron Deference standard are safe The upcoming Supreme Court case of King v. Burwell holds much in the balance, including the very financial sustainability of President Obama’s signature law, the Patient Protection and Affordable Care Act (PPACA). Despite the pattern of many scholars to tie the legitimacy of the Court to ruling in favor of PPACA proponents, I honestly believe the “sky is falling” rhetoric regarding King v. Burwell to be severely overblown. The upcoming Supreme Court case of King v. Burwell holds much in the balance, including the very financial sustainability of President Obama’s signature law, the Patient Protection and Affordable Care Act (PPACA).

No. endobj But, as we know, the law often has little to do with decisions of the Roberts Court. 3 0 obj

And that’s as “complex” as this case is, IMNHO. King v. Burwell: What Does It Portend for Chevron's Domain. Limiting any action to the 5-6 million who lose subsidies means that the main law will be left intact if they can. If the Supreme Court rules for the plaintiffs, the ability for the law to support itself would almost certainly collapse. Peter M. Tiersma (with Lawrence L. Solan), Loyola Professors Draft Bill on Defense Attorney Recording Privileges, The Weight of Capital Punishment on Jurors. They made it up on the fly. If you are a conservative, and if the Supreme Court “solves” this by another writ of Possunt quia posse videntur; continuing to accept the legitimacy of the courts becomes somewhat problematical. <>18]/P 19 0 R/Pg 42 0 R/S/Link>> In such a case, a rule known as Chevron deference, which provides that when a law is ambiguous, the court shall defer to a permissible interpretation of the Executive Branch, will apply. What is making it complex is the sophistry being employed by the administration’s attorneys to convince judges that the plain language means the precise opposite of what it clearly says. Part I of this Article provides an overview of the Patient Protection This is nothing new, especially when it comes to the issue of PPACA. x��XMo�F��W,z�8���~A�X�Q��&*zHz�%�b#��D�u}g��ȑH�����"K��̾�y�fGo�EzO���hr�J��2�ϷūW��l���h�����m�������y���O�[oߏ�ށ��3�*ӧ�#-KFS� ��`t� ���\������L~�� (Impossible possibility, thy name is an opinion on the … In King v Burwell, the Fourth Circuit rejected a challenge to the Affordable Care Act that argued that the law does not permit subsidies and tax credits on the federal exchanges.

King v. Burwell is important not because of the legal principles behind it, but more because it was a win for supporters of the ACA.
This is an incredibly complex issue, and many courts, scholars, and commentators have spent thousands upon thousands (upon thousands) of pages of argument attempting to arrive at the proper conclusion. Indeed, the legal principle here is one of basic statutory construction – i.e., if a statute is ambiguous, a court can look to other sources, like legislative intent, to resolve the ambiguity.

<> Many of us BECOME lawyers PRECISELY because words mean so very much to us, and the law certainly does. <>24]/P 21 0 R/Pg 42 0 R/S/Link>> I will say that if the Court throws out the Federal subsidies for states that have not set up Obamacare Exchanges, that I prediet the Republicans will pass a bill allowing the Federal subsidies for those states with no other changes to Obamacare. It is not only the Left who could publicly declaim that the Supreme Court is illegitimate if they lose. 4 0 obj Obama’s signature law is a tax on survivors of “planned parenthood” and euphemistic “pro-choice” — characteristically selective — policy. Not a lawyer, nor do I play one on TV. 54 0 obj endobj Which matches every Institutional Republican action since the day after the election; to preserve, protect, defend, and extend every action by Obama at the cost of betraying their own voters. Indeed, in the wake of the 2012 PPACA challenge, a litany of law professors and legal scholars shared in the assessment that striking down PPACA would result in substantial costs “for the Court as institution and for its credibility carrying out its vital national role going forward.”. 1 Laws and regulations are pointless. <>>> Yet the opinion continues, with no semblance of shame, that “it is also possible that the phrase refers to all Exchanges—both State and Federal.” Ante, at 13. This is what happens when 535 elected representatives vote on a bill they have not read. Keeping in mind that Federal courts seem to exist to thwart any voter approved measures, basically because they represent consent of the governed; and that the basis for the approval of Obamacare was a perfect example of politics, and probably extortion, determining the meaning of the law.

That obviously didn’t happen in this instance – so they want SCOTUS to protect them from their own lassitude. It did so by invoking what is known as Chevron deference, after the 1984 Supreme Court case of the same name. Tuesday I will examine the last of the major legal issues in this case, the doctrine of constitutional avoidance. Decision of the Fourth Circuit U.S. Court of Appeals.

It represents a grand acrobatic leap of faith that requires a liberal dosage of opiates. <>/Border[0 0 0]/Contents(http://www.law.indiana.edu/lawlibrary/index.shtml)/Rect[477.0201 111.3047 477.0201 124.1953]/StructParent 10/Subtype/Link/Type/Annot>> endobj 5 0 obj .

Ragspierre: It is a good thing that we post under noms de blog, because if your bar association ever was able to identify you with the heresy you wrote, you would be disbarred.

This content was created by a Daily Kos Community member. It’s a revenue scheme that preserves the cost structure of health care services and products, while raising the poverty line, increasing the age of majority, and taxing everyone else, far removed from economic development.

But what if the SCOTUS finds ACA ambiguous on the question? At issue in King is the legality of an IRS rule allowing exchanges operated by the federal government to issue tax subsidies to qualified individuals purchasing health insurance through the exchange.

56 0 obj We must have accurate and complete results. At issue in King v.Burwell was whether the Affordable Care Act, commonly called Obamacare, permitted the IRS to grant tax credits to individuals who purchased their health insurance from the federal health insurance exchange in addition to the state exchanges. Why even have them? If the progressive fascists who wrote this terrible law had wanted the exchanges operated by the federal government to be able to provide subsidies then they should have written the law differently. 2016 KING V. BURWELLAND THE CHEVRONDOCTRINE667 individual mandate is critical to the mitigation of adverse selection in light of the insurance market reforms that were part of the legislation.21 This provision survived a constitutional challenge when the Court, in In today’s edition of THE HILL, Sen. Lamar Alexander (R-Tenn.), who is heading the “Plan B” effort along with Finance Committee Chairman Orrin Hatch (R-Utah) and Republican Policy Committee Chairman John Barrasso (R-Wyo.)

This Article argues that even though the Court reached the same re-sult in King v. Burwell that it would have employing deference to 6 0 obj Here is what the Fourth Circuit opined on that point: The government of course tries to convince a court that the agency interpretation is the clear and unambiguously correct one, but unlike the challenger, the government does not have to win on this point, as, if the law is found to be unclear, then the government need only show that its interpretation is permissible.

On Friday September 18, 2020, Supreme Court Justice Ruth Bader Ginsburg, a women's rights icon, died at 87.

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