LITEROTICA PODCAST
LIT CAMS (200 Free Tokens)ADULT TOYSVOD MOVIES

Halbig v. Sebelius : Calling all armchair lawyers...

4

4est_4est_Gump

Run Forrest! RUN!
Joined
Sep 19, 2011
Posts
89,007
The legal positions of President Obama’s Justice Department have been slapped down unanimously a remarkable 13 times in the Supreme Court in the last two years. Over and over, even Obama’s own two appointees to the court — Sonia Sotomayor and Elena Kagan — have held that the president has exceeded his authority and violated the separation of powers. This coming week, we could see the second-highest court in the land rule that the administration broke the law in enforcing a key provision of Obamacare, calling into question once again Obama’s fidelity to the Constitution — and further endangering his signature program.

The case of Halbig v. Sebelius (since renamed Halbig v. Burwell, for the current HHS secretary) was argued before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit Court in March. It attacks the central nervous system of Obamacare — the government exchanges that were set up to subsidize health insurance for low-income consumers. If the Supreme Court ultimately finds that the Obama administration violated the law in doling out those subsidies, it could force a wholesale revision of Obamacare. In January, The Hill quoted a key Obamacare supporter as saying that Halbig was “probably the most significant existential threat to the Affordable Care Act.” Jonathan Turley, a noted liberal constitutional-law expert at George Washington Law School, recently agreed, writing in the Los Angeles Times that Halbig “could leave Obamacare on life support.”

President Obama has increasingly exasperated both judges and constitutional scholars with his boasts about going around Congress when it doesn’t give him what he wants. “I’ve got a pen, and I’ve got a phone,” he told reporters before his first Cabinet meeting of 2014, in January. That attitude has prompted his decision to rewrite Obamacare at least 23 times without any involvement of Congress. If Obama’s actions in Halbig are found unconstitutional, then other parts of Obamacare will become more vulnerable to legal challenge, and Congress will probably have a much bigger say in rewriting or reversing aspects of the law.
Click to expand...
John Fund, NRO

http://www.nationalreview.com/node/382625/print
 
Jonathan Adler, a professor of law at Case Western University who has argued on behalf of the Halbig plaintiffs, has also compiled several recent examples of the Supreme Court’s impatience with poorly drafted legislation. In Michigan v. Bay Mills Indian Community, for example, Justice Elena Kagan noted: “This court does not revise legislation . . . just because the text as written creates an apparent anomaly as to some subject it does not address.” In Utility Air Regulatory Group v. EPA, Justice Antonin Scalia, writing for the majority, stressed that “an agency has no power to tailor legislation to bureaucratic policy goals by rewriting unambiguous statutory terms.”

What would happen if, in 34 states, the subsidies that are flowing through the insurance exchanges set up by the federal government were suddenly declared unconstitutional by the courts? Mass chaos, as predicted by Obamacare defenders? Not likely. Instead, some states would move to set up their own exchanges, perhaps benefiting from the lessons of Obamacare’s shaky rollout. But more important, the Obama administration would have no choice but to work with Congress as it revisited the exchange issue and rewrote the law. With that kind of leverage, we could see a Republican House — possibly joined by a Republican Senate after January 2015 — that is at last able to force substantial changes in Obamacare despite the president’s obstinancy. A favorable ruling in Halbig by the Supreme Court might be just the two-by-four needed to get President Obama’s attention and make him realize that his pen has run out of enforcement ink.
Click to expand...
John Fund

WHAT?

Obama compromise?

Gonna let Republicans tell him how to hold the mop?
 
Ishmael said:
Don't forget the 'origination' law suit.

Ishmael
Click to expand...

I think they're all political stunts filed by racists to embarrass our Fine Young President, but they will backfire, embarrass the Republicans and create a tsunami for Democrats in the Fall because this law is the law of the land and universally loved by one and all.

:cool:






:kbate:
 
4est_4est_Gump said:
I think they're all political stunts filed by racists to embarrass our Fine Young President, but they will backfire, embarrass the Republicans and create a tsunami for Democrats in the Fall because this law is the law of the land and universally loved by one and all.

:cool:






:kbate:
Click to expand...

Wanna buy a bridge?

Ishmael
 
I should prob only thread jack in your threads. Don't want to step on toes. Going to bed soon, just stopping in for a sip of tea!
 
five OLD WHITE MEN cant make rules

how many DIVISIONS do THEY have?
 
You must log in or register to reply here.

Similar threads

FiveInch033
Real economics....not the bubble Marxists live in..
2
Replies
30
Views
524
RightField
RightField
leatherstocking
Test post for sharing writing
Replies
2
Views
336
Lifestyle66
L
SissyBrandi19
Summer 2025 Reading List Challenge!!!
Replies
2
Views
281
SissyBrandi19
SissyBrandi19
B
The following, while related to the election, transcends politics - it is a message of hope for all who seek unity and peace. Plus, there's a coupon.
Replies
7
Views
897
PaxNurgle
P
JenniZinc
Part 2. How to not get caught going to Happy Ending Massage Parlours (By someone who used to work in one)
Replies
16
Views
5K
eroticspank
E
Back
Top