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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Metacomet who wrote (256857)7/23/2014 2:31:14 AM
From: Bread Upon The Water  Read Replies (1) | Respond to of 541687
 
The law ws badly drafted. Usually when a bill is sponsored one the sponsor's gets up and states the intent of this law is such such and the judges have that on the record to refer to. I don't believe that this happened in this instance--possibly because of time pressure and complexity and possibly no one imagined the states wouldn't want their own exchanges--which entitles people to subsidies..

In any event if you read the legal analysis on "Halbig" that I posted to John you'll find several SCOTUS Justices stating that it is not their job to go behind the "plain meaning" of laws, statutes, etc, to discern intent if the "plain meaning" is there.

Now what the SCOTUS will do with this if and when it hits their docket I have no idea. They could always refuse to hear the case if they like the results in the full hearing before the 5th circuit.