Wednesday, March 4, 2015

King Versus Burweil

++ Rights out the gate Ruth Bader Ginsberg questioned the standing of the individual plaintiff claiming they have not been hurt by Obamacare because they quality for Medicare. The plaintiffs' lawyer explained that no court had ever asked about standing. Ginsberg said this court has to.

++Then we were off to the races. Chief Justice Roberts kept quiet the whole day but Justice Kennedy raised the question that a finding for the plaintiff would raise complicated constitutional questions.

++Judge Scalia said that Congress could fix the law but Vermeil, the Administration's lawyer, said, "this Congress?"

++There is no Plan B by the Administration if the court rules against subsidies for the Obamacare enrollees and although the Republicans claim trey have a plan, it is varied and dispersed.

++I still say that the Chevron precedent and others court rulings about the full interpretation of a law, not just three words, seals the case for Obamacare. But given the way this case was chosen by the Supreme Court, I realize that legal logic and precedents might go out the window for a political ruling against President Obama.

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