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Obamacare Gets Another Setback in Federal Court … Courtesy of Ricochet
We always tell you that people in positions of power are reading Ricochet. Here’s some proof.
Earlier today, a federal judge in Oklahoma ruled against the Obama Administration’s contention that it is within its rights to dole out Obamacare subsidies in states that haven’t set up their own insurance exchanges (despite the fact that the plain language of the statute seems to say otherwise). This is an especially relevant case given that many legal observers expect the D.C. Circuit’s previous ruling against the Administration on this matter to be overturned when the court rehears the case en banc. In other words, the decision out of Oklahoma could set up the circuit split that sends this case to the Supreme Court. And the opinion quotes this site.
On pages 14 and 15 of his opinion, Judge Ronald A. White includes a lengthy quotation from this piece that Richard Epstein wrote here in July. The relevant excerpt:
These long and learned opinions should not obscure the fact that at the root of the case is a simple question: Do the words an “exchange established by a State” cover an exchange that is established by the federal government “on behalf of a state”? To the unpracticed eye, the two propositions are not synonyms, but opposites. When I do something on behalf of myself, it is quite a different thing from someone else doing it on my behalf. The first case involves self-control. The second involves a change of actors. It is not, moreover, that the federal government establishes the exchange on behalf of a state that has authorized the action, under which case normal principles of agency law would apply. Quite the opposite: the federal government decides to act because the state has refused to put the program into place. It is hard to see, as a textual matter, why the two situations should be regarded as identical when the political forces at work in them are so different.
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Sweet!
So this is going then to the supreme court? Finally a chance for Roberts to redeem himself.
Time to finish up this piece I have on the Two Darrin Theory and its implications for Net Neutrality.
Awesome.
Recall also that he expressed regret that the ruling while consistent with the text will hurt a lot of people. Not, in my opinion, that that should serve as an excuse to issue another waiver, but that the ruling should put yet another nail in the coffin of this monstrous law. (And I am again astounded by Richard Epstein’s ability not only to write on any subject in such a thorough, concise, and direct manner, but to speak that way too!)
I let my membership lapse during the 2.0 conversion (not in spite, I just got busy and forgot) and I had renewed earlier this afternoon (Coolidge level) before seeing this article.
But, what a great reminder of how great Ricochet is.
Son of a gun!
Well I quote Prof. Epstein (take that, Sajak!) all the time but I don’t see anyone making a big deal about it!
When I read Mr. Epstein (Happy, Mr. Sajak?) I always hear his voice in my head as I read. It’s creepy. ;-)
My exact story. Good to be back.
Ricochet will be relevant when the Supreme Court quotes My comments.
Here’s how that will go down, Jimmah:
COUNSELOR: If it pleases the court, Plaintiff would direct the justices’ attention to my iPhone, where you can clearly see–
SCALIA: I can’t see a [redacted] thing on that little screen, counselor.
ALITO: [Redacted] , this is just like that [redacted] guy with the sick tree!
SCALIA: Who agreed to hear that thing, anyway?
KAGAN: What? You’re always looking at me!
Actually, I got that backerds:
The Supreme Court will be relevant when They quote My Ricochet comments.
I wonder what Sean Connery would say on the subject?
Incredible. Ricochet’s founders must be beaming right now.
Don’t gloat! It will draw the attention of the IRS.
Bravo!!
Pardon my ignorance, but what is the sick tree case?
We’re more, so much more than sober, world-shifting analysis! We’re an all-night jam session led by a rattlesnake and a hand puppet. We conduct the occasional Catholic-Protestant dialog on a level not seen since the Battle of the Boyne. Here, libertarians and social conservatives mix as freely as a block of raw sodium and a tank of water. Why, I can honestly say we give each other the respect we deserve. Self-reliance is a cardinal virtue here, so when it comes to lifting useful quotes, I can proudly say, “I help myself”.
New “Law Talk” podcast tomorrow. Pretty sure Richard will be taking a victory lap.
The judge then added, “I saw it on the internet, so it must be true.”