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| Josh Kraushaar: Obama's Pass-the-Buck Presidency »
September 30, 2014
More: The Judge in Pruitt Scolds the Obama Champions of the Judicial BranchGabe pointed this out as noteworthy, and I think he's right. In concluding his ruling, the judge in Pruitt takes time to note the "apocalyptic language" used by the dissent in Halbig (the DC circuit case in which the majority found similarly that the IRS had acted lawlessly). He notes that a lot of these objections have little do with the actual law or the actual guidelines judges follow when interpreting Congress' law. A lot of their objections just seem to be of the flavor, "Well if we let these monsters win, Obama's policy goals will be thwarted!" The judge here chides them for assuming the posture of a political advocate, concerned not with the law but with "helping" certain people (and, coincidentally I'm sure, certain Presidents). The court is aware that the stakes are higher in the case at bar than they might be in another case. The issue of consequences has been touched upon in the previous decisions discussed. Speaking of its decision to vacate the IRS Rule, the majority in Halbig stated "[w]e reach this conclusion, frankly, with reluctance." Other judges in similar litigation have cast the plaintiffs' argument in apocalyptic language. The first sentence of Judge Edwards' dissent in Halbig is as follows: "This case is about Appellants' not-so-veiled attempt to gut the Patient Protection and Affordable Care Act ('ACA')." Concurring in King, Judge Davis states that “[a]ppellants' approach would effectively destroy the statute . . . ." Further, "[w]hat [appellants] may not do is rely on our help to deny to millions of Americans desperately-needed health insurance. . . " (All internal citations omitted -- quoted language is from other cases, obviously, but I didn't feel like formatting all that crap.) Oh and I meant to note this earlier, but forgot: Remember Jon Gruber, who declared that it was "absurd" that that Congress could possibly intend to withhold subsidies from states that didn't set up their own exchanges? And then was found talking at conferences stating that that was in fact Congress' intent, and that it all made perfect sense? He gets name-checked in a footnote:
And I have to correct something: A "circuit split" occurs when the circuit courts of appeals split. I misinterpreted Gabe. We do not have a circuit split yet, as I think only one appeals court (the Fourth Circuit) has has ruled on this on the circuit level, the appeals level. And there, they claimed that the law could be stretched as Obama liked. All of the other rulings are from the originating (trial) courts. Gabe's point was that he doesn't expect the Supreme Court to wait for a bona-fide split, but will probably take an appeal earlier, given the importance of the cases. That error was mine, not Gabe's. | Recent Comments
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