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wyattstorch2004
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Questions Regarding Justice Kennedy's Questions...
Mar 5th, 2015 at 7:35pm
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The oral arguments in the Obamacare case went pretty much as expected (aside from the relative silence of Roberts).

As expected, the most interesting questions came from Justice Kennedy.

Justice Kennedy had 2 interesting points. 

One was that in a situation where language is ambiguous, the court must interpret the statute in the way that makes the statute constitutional.  Constitutional deference it is called. 

the other, is that there is a risk that, should the statute be interpreted in the way the petitioners claim, it would be unconstitutional coercion of the states.  Interestingly, neither side was willing to take the risk of saying that it would indeed be unconstitutional.  For the petitioners, this is likely because they don't want to give the justices a reason to side against their reading of the statute.  And for the government, they don't want to risk losing subsidies, not only in the states with federal exchanges, but in the states with state exchanges.

My first question is, is this a red herring?  That is, neither side is claiming that the statute is ambiguous.  Does the court have to rule in favor of one side or the other?  Or can they rule in a way that neither side asked for?  If the court has to rule for one side or the other, any discussion about what to do in the case of ambiguous language seems pointless.  Nobody is claiming ambiguity.

My second question is, IF the court sides with the petitioners and rules that the subsidies cannot go to folks enrolled on the federal exchange, and IF they believe that to be unconstitutional coercion, CAN they make that ruling immediately (on the constitutional matter) or do they have to rule that the federal exchange subsidies are illegal and then wait for a state to bring a constitutional case?
  
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Harry For Bert Preservation
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #1 - Mar 5th, 2015 at 8:00pm
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My thoughts are that the court will rule this an equal protection matter, and say that some receiving the benefit of the subsidy, and others not would impinge on equal protection. Thereby making that benefit universal.
  
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wyattstorch2004
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #2 - Mar 5th, 2015 at 8:10pm
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My thoughts are that the court will rule this an equal protection matter, and say that some receiving the benefit of the subsidy, and others not would impinge on equal protection. Thereby making that benefit universal.


That would mean that the court could, if it wishes, rule in a way neither side is asking for.† Is that something that they normally do or can do?

And why, then, didn't they rule that way for the Medicaid expansion?
  
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Harry For Bert Preservation
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #3 - Mar 5th, 2015 at 8:12pm
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wyattstorch2004 wrote on Mar 5th, 2015 at 8:10pm:
That would mean that the court could, if it wishes, rule in a way neither side is asking for.† Is that something that they normally do or can do?

And why, then, didn't they rule that way for the Medicaid expansion?


Of course it is. Roberts did so in the original decision regarding Obamacare.
  
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Redbeard
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #4 - Mar 5th, 2015 at 8:19pm
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My thoughts are that the court will rule this an equal protection matter, and say that some receiving the benefit of the subsidy, and others not would impinge on equal protection. Thereby making that benefit universal.

They could also rule that the subsides to federal site are not covered by the law and the others are illegal under equal protection! I don't believe it will go this way but it could! Huh Huh
  

Greg!
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Harry For Bert Preservation
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #5 - Mar 5th, 2015 at 8:23pm
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Redbeard wrote on Mar 5th, 2015 at 8:19pm:
They could also rule that the subsides to federal site are not covered by the law and the others are illegal under equal protection! I don't believe it will go this way but it could! Huh Huh


Do you honestly believe, given current public opinion, and political realities, that this will happen?

People want this; it's already law, and there is no way that the court will reverse it.
  
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #6 - Mar 5th, 2015 at 8:24pm
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Do you honestly believe, given current public opinion, and political realities, that this will happen?

People want this; it's already law, and there is no way that the court will reverse it.

Note my disclaimer!! Grin Grin Grin Grin Grin
  

Greg!
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wyattstorch2004
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #7 - Mar 5th, 2015 at 8:27pm
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Of course it is. Roberts did so in the original decision regarding Obamacare.


Good point.

What about the Medicaid expansion?  If they rule as you mentioned, shouldn't the same apply to the Medicaid expansion?
  
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Harry For Bert Preservation
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #8 - Mar 5th, 2015 at 9:14pm
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wyattstorch2004 wrote on Mar 5th, 2015 at 8:27pm:
Good point.

What about the Medicaid expansion?† If they rule as you mentioned, shouldn't the same apply to the Medicaid expansion?


I'm unsure how Medicaid recipients could be excluded, original logic taken into consideration. I agree with that logic.

What I disagree with is that healthcare is a right. If deemed a right, which the court is not empowered to do, it must be universal.
  
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Re: Questions Regarding Justice Kennedy's Questions...
Reply #9 - Mar 5th, 2015 at 10:49pm
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Simply put for some here:
"The government can order you to eat broccoli and then fine you if you don't by calling the fine a tax," the judge said on FNC today.

He said that this ruling gives "power on a platter to Congress."

"This is the first time in the history of the country that the court has permitted the Congress to tax people for doing nothing, to punish them for refusing to do what the government wants them to do. Thatís a very, very dangerous precedent," Judge Napolitano said.


This statute is back before the Supreme Court in the spring, and the issue has to do with vagueness in drafting," the Fox News legal analyst said. The high court will be deciding whether subsidies issued to people on federal healthcare exchanges are legal, because the law itself says states must set them up.

Judge Andrew Napolitano on ObamaCare - YouTubeJul 2, 2012 ... Judge Andrew Napolitano explains how the Supreme Court's decision on health
care will impact American citizens.http://www.youtube.com/watch?v=eGPxpjCaJ1Y

Judge Napolitano On Alex Jones TV: Obamacare is Unconstitutional ...Mar 26, 2010 ... Judge Napolitano On Alex Jones TV: Obamacare is Unconstitutional. Share on
Facebook 0 Tweet about this on Twitter 0 Share on Google+ ...http://www.infowars.com/judge-napolitano-on-alex-jones-tv-obamacare-is-unconstit...


Smiley
  

Freedom&&ÔŅľ&&
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