Thursday, March 5, 2015

SCOTUS REFLECTIONS

++I spent too much of this blog during the ACA debate to get mired in the weeds over subsidies that everyone and their grandmother said applied to all Americans, who qualified.

++But Jeffrey Toobin writes in the New Yorker about the importance of the single question Justice Roberts asked. He believes it indicated a way out for Roberts, who has been seen as a traitor to American conservatives.

++Justice Kennedy asked about "the  Chevron deference", which give the executive branch enormous leeway in terms of interpreting a law.

++Toobin noted that Roberts asked,"Couldn't a new administration interpret the law differently? which was a follow up to Kennedy. In other words, Roberts has an out--to kick the can down the road and hope a Republican wins in 2016 and interprets this part of the law differently.

++Toobin points out that Roberts came of judicial age when the court gave the executive under Reagan expansive powers for implementing laws. He thinks this has to color his reasoning.

++Alito asks whether they postpone the effect of the ruling until January 1,2016 so as not to create confusion, as if such ruling for the plaintiffs won't create chaos.

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