Contributor Post Created with Sketch. 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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There are 21 comments.

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  1. Tom Meyer, Common Citizen Contributor

    Sweet!

    • #1
    • September 30, 2014, at 1:21 PM PDT
    • Like
  2. Valiuth Member
    Valiuth Joined in the first year of Ricochet Ricochet Charter Member

    So this is going then to the supreme court? Finally a chance for Roberts to redeem himself.

    • #2
    • September 30, 2014, at 1:39 PM PDT
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  3. Jason Rudert Member

    Time to finish up this piece I have on the Two Darrin Theory and its implications for Net Neutrality.

    • #3
    • September 30, 2014, at 1:42 PM PDT
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  4. 1967mustangman Inactive

    Awesome.

    • #4
    • September 30, 2014, at 1:53 PM PDT
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  5. Sam Thatcher
    Sam

    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!)

    • #5
    • September 30, 2014, at 2:05 PM PDT
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  6. Ben Inactive
    Ben

    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.

    • #6
    • September 30, 2014, at 2:12 PM PDT
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  7. Paul A. Rahe Contributor

    Son of a gun!

    • #7
    • September 30, 2014, at 3:53 PM PDT
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  8. Spin Coolidge
    Spin Joined in the first year of Ricochet Ricochet Charter Member

    Well I quote Prof. Epstein (take that, Sajak!) all the time but I don’t see anyone making a big deal about it!

    • #8
    • September 30, 2014, at 4:22 PM PDT
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  9. Spin Coolidge
    Spin Joined in the first year of Ricochet Ricochet Charter Member

    Sam: 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!

    When I read Mr. Epstein (Happy, Mr. Sajak?) I always hear his voice in my head as I read. It’s creepy. ;-)

    • #9
    • September 30, 2014, at 4:23 PM PDT
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  10. SEnkey Inactive

    Ben: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.

    My exact story. Good to be back.

    • #10
    • September 30, 2014, at 4:45 PM PDT
    • Like
  11. Jimmy Carter Member
    Jimmy Carter Joined in the first year of Ricochet Ricochet Charter Member

    Ricochet will be relevant when the Supreme Court quotes My comments.

    • #11
    • September 30, 2014, at 5:02 PM PDT
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  12. Jason Rudert Member

    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!

    • #12
    • September 30, 2014, at 5:54 PM PDT
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  13. Jimmy Carter Member
    Jimmy Carter Joined in the first year of Ricochet Ricochet Charter Member

    Jimmy Carter:Ricochet will be relevant when the Supreme Court quotes My comments.

    Actually, I got that backerds:

    The Supreme Court will be relevant when They quote My Ricochet comments.

    • #13
    • September 30, 2014, at 6:46 PM PDT
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  14. Dick from Brooklyn Thatcher
    Dick from Brooklyn Joined in the first year of Ricochet Ricochet Charter Member

    Spin:

    Sam: 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!

    When I read Mr. Epstein (Happy, Mr. Sajak?) I always hear his voice in my head as I read. It’s creepy. ;-)

    I wonder what Sean Connery would say on the subject?

    94309-160x160

    • #14
    • September 30, 2014, at 7:14 PM PDT
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  15. Profile Photo Member

    Incredible. Ricochet’s founders must be beaming right now.

    • #15
    • October 1, 2014, at 12:19 AM PDT
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  16. Giaccomo Member

    Don’t gloat! It will draw the attention of the IRS.

    • #16
    • October 1, 2014, at 5:05 AM PDT
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  17. Pelayo Inactive

    Bravo!!

    • #17
    • October 1, 2014, at 6:28 AM PDT
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  18. Brandon Shafer Coolidge

    Jason Rudert: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!

    Pardon my ignorance, but what is the sick tree case?

    • #18
    • October 1, 2014, at 7:18 AM PDT
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  19. Gary McVey Contributor
    Gary McVey Joined in the first year of Ricochet Ricochet Charter Member

    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”.

    • #19
    • October 1, 2014, at 12:18 PM PDT
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  20. Blue Yeti Admin

    New “Law Talk” podcast tomorrow. Pretty sure Richard will be taking a victory lap.

    • #20
    • October 1, 2014, at 2:20 PM PDT
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  21. Vance Richards Member
    Vance Richards Joined in the first year of Ricochet Ricochet Charter Member

    The judge then added, “I saw it on the internet, so it must be true.”

    • #21
    • October 1, 2014, at 5:07 PM PDT
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