Sunday, January 19, 2014

Federal Court: No, Obamacare Doesn't Forbid Subsidies to Those Who Buy Insurance on the Federal Exchanges
... Nevertheless, a district court decided that "duly-enacted law" is a pretty flexible thing and that it's all close enough for government work.

I hope this will be reviewed by the Supreme Court, eventually. It requires, IIRC, four votes for the court to grant certiorari (discretionary review, granted at the whim of the court). One might imagine we'll have four votes for that, as four men voted to strike down Obamacare.

However, we could lose some of those votes: Kennedy could, hypothetically, have felt that the first Obamacare challenge was strong enough to merit striking the law, but might feel this latest challenge is too weak for that, and pass on granting cert. And all it takes for this ruling to stand is the appeals court and then the Supreme Court to simply decline to review it.