The Corner

Obama Appointees Vacate Major Anti-Obamacare Ruling

President Obama’s appointees to the D.C. Circuit Court will get to re-hear a major Obamacare challenge, after a three-judge panel of the court heard the case and ruled against the administration.

A majority of the judges on the court voted to re-hear the Halbig case, which pertains to whether subsidies can be provided to people who purchase insurance through the federal Obamacare exchanges. Accordingly, a D.C. Circuit panel’s decision that the federal exchange participants are not eligible for subsidies will “be vacated.”

Obama was able to secure a majority of Democratically appointed judges on the court, which is regarded as the most important court in the country next to the Supreme Court, after Senate Majority Leader Harry Reid (D., Nev.) pulled the trigger on the nuclear option in the Senate to prevent Republicans from filibustering Obama’s judicial nominees.

“Reid’s power play over Republican opposition in December led to the seating of three Democratic judges on the federal appeals court circuit that serves the District of Columbia,” CNBC suggested the day after the three-judge panel ruled against Obamacare. “The Obama administration is now banking on a Democratic majority created by those judges to help overturn a stunning ruling that threatens a key leg of the Affordable Care Act.”

Oral arguments are scheduled for December. Lawrence Tribe, Obama’s former law professor at Harvard, said he thinks the case could go against the president if it ever reaches the Supreme Court.

“I don’t have a crystal ball,” Tribe told the Fiscal Times. “But I wouldn’t bet the family farm on this coming out in a way that preserves Obamacare.”

 
 

Most Popular

White House

On the Bidens, Schiff Opened the Door

You opened the door. Trial lawyers live in fear of that phrase. When a trial starts, both sides know what the allegations are. Both have had enough discovery to know what the adversary will try to prove. Just as significantly, both know what their own vulnerabilities are. A litigator spends his pretrial ... Read More
White House

On the Bidens, Schiff Opened the Door

You opened the door. Trial lawyers live in fear of that phrase. When a trial starts, both sides know what the allegations are. Both have had enough discovery to know what the adversary will try to prove. Just as significantly, both know what their own vulnerabilities are. A litigator spends his pretrial ... Read More
Elections

Buttigieg’s Hollow Military Bragging

The term “veteran” wields a strange talismanic power in American politics today; the military is almost the only institution in American life that has maintained very high favorability ratings over the past 30 years. Invocation of the sacred words “military service” invariably grants a presumed license to ... Read More
Elections

Buttigieg’s Hollow Military Bragging

The term “veteran” wields a strange talismanic power in American politics today; the military is almost the only institution in American life that has maintained very high favorability ratings over the past 30 years. Invocation of the sacred words “military service” invariably grants a presumed license to ... Read More
White House

Impeachment Doesn’t Require a Crime

Senate Republicans, by and large, have reached an unspoken consensus about President Trump and Ukraine. He should not have put a temporary freeze on congressionally authorized aid to Ukraine, should not have dabbled with using the aid to get Ukraine to investigate Joe Biden or a nutty theory about Ukrainian ... Read More
White House

Impeachment Doesn’t Require a Crime

Senate Republicans, by and large, have reached an unspoken consensus about President Trump and Ukraine. He should not have put a temporary freeze on congressionally authorized aid to Ukraine, should not have dabbled with using the aid to get Ukraine to investigate Joe Biden or a nutty theory about Ukrainian ... Read More
World

Alarmists Were Wrong about the Soleimani Strike

Two weeks ago, the United States seemed on the brink of starting another war in the Middle East after a drone strike killed Iran’s most notorious spymaster, Qasem Soleimani, as he departed an international airport in Baghdad. The shadowy general, in charge of the Iranian equivalent of the CIA, was one of the ... Read More
World

Alarmists Were Wrong about the Soleimani Strike

Two weeks ago, the United States seemed on the brink of starting another war in the Middle East after a drone strike killed Iran’s most notorious spymaster, Qasem Soleimani, as he departed an international airport in Baghdad. The shadowy general, in charge of the Iranian equivalent of the CIA, was one of the ... Read More
Media

The Denver Post Has a Personnel Problem

The Denver Post has fired the wrong person. It should can its incompetent opinion editor, Megan Schrader. The story (told by our Madeleine Kearns here) is this: Jon Caldara of the Denver-based Independence Institute had long written a weekly column for the Denver Post, but was fired over taking an ... Read More
Media

The Denver Post Has a Personnel Problem

The Denver Post has fired the wrong person. It should can its incompetent opinion editor, Megan Schrader. The story (told by our Madeleine Kearns here) is this: Jon Caldara of the Denver-based Independence Institute had long written a weekly column for the Denver Post, but was fired over taking an ... Read More