September 30, 2014

Oklahoma Federal Court Rules IRS Attempt to Save Obamacare's Subsidies for Federal Exchange Enrollees "Arbitrary, Capricious, an Abuse of Discretion, and Otherwise Not In Accordance with the Law"
— Ace





The full decision is here.

If you're coming in late to this, or have forgotten, this concerns the IRS granting those who enroll into Obamacare in the federal exchanges the same subsidies as are granted to those who enroll in the state exchanges.

The problem is that the law only specifies subsidies for state exchange enrollees. It appears this was intended to be an encouragement for states to set up their exchanges.

But 26 or so states opted out -- but Obama's IRS, desperate to save his bacon with lots of enrollees, decided that by administrative rule they would trump the law passed by Congress and just rule that anyone signed up for Obamacare should have subsidies.

A federal court in Oklahoma has ruled otherwise.

Now, a DC circuit court also ruled this way a few months ago -- but that is now going to an en banc rehearing, and as the full court is stuffed full with progressives (thanks to Harry Reid's nuclear option), it is widely expected that the full progressive court will countermand the three-judge panel which issued the ruling.

As Gabe says-- Correction; Gabe did not say this; I misinterpreted him; see my full correction below -- this seems to insure that there's a split in the lower courts (there were some liberal judges who ruled that the administrative law-making was a-ok with them), thus dramatically increasing the odds that the Supreme Court will have to rule on the matter.

Correction: 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.

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.

Posted by: Ace at 08:31 AM | Comments (155)
Post contains 465 words, total size 4 kb.

1 And when the Supreme Court rules on it,

Posted by: John Boehner at September 30, 2014 08:32 AM (hHFOx)

2 If ACA ever gets split open, I'm going to break my rule and gloat on FB.

Posted by: HoboJerk, Re-branded at September 30, 2014 08:33 AM (FA3Z7)

3 I had to withstand libs' gloating when it didn't get struck down by Judas Roberts earlier. Lastly, I can't wait to see Obama ruled a complete failure in all things.

Posted by: HoboJerk, Re-branded at September 30, 2014 08:33 AM (FA3Z7)

4 Whoops, wrong useless John.

Posted by: John Roberts at September 30, 2014 08:34 AM (hHFOx)

5 "helping" one side or the other you can feel the disdain, that's great did the lower court actually say something like that? ridiculous

Posted by: brak at September 30, 2014 08:34 AM (Tj+s6)

6

Arbitrary, Capricious, an Abuse of Discretion, and Otherwise Not In Accordance with the Law

 

I love a good calling-out.  That's poetry.

Posted by: Bandersnatch at September 30, 2014 08:35 AM (JtwS4)

7 Ahhh more false hope. Wonderful. TFG Care is here to stay. The courts will not abolish it and you can believe me now or later that the opposition party won't.

Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 08:35 AM (vPh3W)

8 I'll go call the minions.

Posted by: the littl shyning man at September 30, 2014 08:35 AM (tmFlQ)

9 Well this is nice.  Now about all the tea in China.

Posted by: Anna Puma (+SmuD) at September 30, 2014 08:35 AM (J6ScR)

10 How dare they dishonor our president!

Posted by: Dack Thrombosis at September 30, 2014 08:36 AM (oFCZn)

11 Someone, please tilt Kennedy's bed to the right. Or put a rail on the left-hand side.

Posted by: dfbaskwill at September 30, 2014 08:36 AM (zllbf)

12 >>> "Arbitrary, Capricious, an Abuse of Discretion, and Otherwise Not In Accordance with the Law" In many ways, this is the story of Obama.

Posted by: L, elle at September 30, 2014 08:37 AM (2x3L+)

13 Kudos to the judge who wrote this. It's long past time for judges to stand up to this out-of-control administration full of liars, crooks, and thieves wiping their asses with the constitution.

Posted by: TrivialPursuer at September 30, 2014 08:37 AM (HvsPx)

14 That's OK.... Its a Tax...

Posted by: Justice Roberts at September 30, 2014 08:37 AM (f0pWu)

15 Arbitrary, capricious, and not in accordance with the law. IOW, the Obama admin baseline.

Posted by: broseidon king of the brocean at September 30, 2014 08:37 AM (3H4Zj)

16 Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 01:35 PM (vPh3W) I'll put money on it, given correct odds 2:1 the ACA is crippled via a decision by 2016

Posted by: HoboJerk, Re-branded at September 30, 2014 08:38 AM (FA3Z7)

17 Funny how we admire this judge. They should all be this way, but aren't.

Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 08:38 AM (vPh3W)

18 It's like it matters who is appointing federal judges or something.

Posted by: Costanza Defense at September 30, 2014 08:39 AM (ZPrif)

19 It's outrageous, egregious, preposterous.

Posted by: Jackie Chiles at September 30, 2014 08:39 AM (vPh3W)

20 2:1 the ACA is crippled via a decision by 2016 Posted by: HoboJerk, Re-branded a I have a case of valu-rite and a couple of hobo pelts that say you're wrong. I hope I lose the bet to be honest with you.

Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 08:39 AM (vPh3W)

21 I hope for his own sake the judge has his tax situation in good order.

Posted by: MTF at September 30, 2014 08:40 AM (LISuA)

22 is this a big whoop?

Posted by: VoxSoothsayer at September 30, 2014 08:40 AM (vzJm/)

23

This whole thing is collapsing of its own weight.  I imagine it to be like Sauron's Barad-Dur after the One Ring ends up in Mt. Doom.  What parts of this thing are going to be left and of those things which parts are going to be functional?*

 

 

*And I am not stipulating to a high threshold for 'functioning' either.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 08:40 AM (hLRSq)

24 Pretty sure this is the Republicans fault. Way to go GOPe!! If only we had a REAL opposition party! Snarfle-blurgh!!

Posted by: Guy Who Says Everything Is a Republican Conspiracy at September 30, 2014 08:40 AM (ZPrif)

25 So, you're saying there's a chance.

Posted by: SH at September 30, 2014 08:40 AM (gmeXX)

26 Who do the voters think is going to fix all of this? And Voters have no clue how important judgeships and Justice appointments are.

Posted by: artisanal 'ette at September 30, 2014 08:40 AM (IXrOn)

27 The only time the Progressive-Left hate illegal immigrant workers is when a Republican hires them.

Posted by: Anna Puma (+SmuD) at September 30, 2014 08:40 AM (J6ScR)

28 This feels like stalemate.

Posted by: artisanal 'ette at September 30, 2014 08:41 AM (IXrOn)

29 The judiciary has disappointed President Mulligan once again. This must stop!

Posted by: Thin veneer of civility at September 30, 2014 08:41 AM (XzRw1)

30 The one issue Republicans should be running on, and perhaps the MOST important one is: The Dems packing the Federal Courts ILLEGALLY BY CHANGING THE SENATE RULES. THIS will haunt us for decades to come. But NOOOO you will not see the Republicans do that!

Posted by: Nevergiveup at September 30, 2014 08:41 AM (M0mf2)

31 I don't hold out much hope. The way Roberts rewrote the law "to make it work" the first time will be repeated one would think. What is different? It is a tax.

Posted by: Daybrother at September 30, 2014 08:41 AM (BugRR)

32 * waxes nostalgic for the days of the burning skull *

Posted by: Mike hammer, etc., etc. at September 30, 2014 08:41 AM (vPh3W)

33 I have an explicit memory of state exchanges being mentioned in the backroom drafting sessions of the ACA (we locked out the evil Rethuglikkans because they hate science). Because science is superior to law, my ruling should supersede the federal court. So sayeth Supreme Court of Science Chief (and only) Justice, God and Magistrate, NGT. Henceforth decreed on September the 30th, 13 hundred 46 hours, in the year of Our Science, 2014.

Posted by: Niall DeGruisse Thaisun at September 30, 2014 08:41 AM (3H4Zj)

34 I thought we all agreed this was a typo and that centuries of statutory interpretation principles were just mean things created by the tea party because chris hayes never heard anyone say this before because we had to pass it to find out what was in it?!?!?!?!?!?!?

Posted by: chelsea danger at September 30, 2014 08:42 AM (xMZ4W)

35 I have a case of valu-rite and a couple of hobo pelts that say you're wrong. I hope I lose the bet to be honest with you. Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 01:39 PM (vPh3W) What's the exchange rate of hobo pelts to Scandi skulls?

Posted by: HoboJerk, Re-branded at September 30, 2014 08:42 AM (FA3Z7)

36 Well I, for one, welcome our new arbitrary, capricious, and not in accordance with the law, Overlords ...

Posted by: Adriane the Policy Critic ... at September 30, 2014 08:42 AM (P+IZm)

37 Oklahoma's making a play to be a real state lately what with all these headlines and such. I may actually look down the next time I fly over.

Posted by: JackStraw at September 30, 2014 08:42 AM (g1DWB)

38 But it's still a tax!

Posted by: SCSJ Roberts at September 30, 2014 08:43 AM (o3MSL)

39 I hope for his own sake the judge has his tax situation in good order. Posted by: MTF at September 30, 2014 01:40 PM There's probably a dead girl or a live boy in his near future.

Posted by: AltonJackson at September 30, 2014 08:43 AM (WRseu)

40 I don't hold out much hope. The way Roberts rewrote the law "to make it work" the first time will be repeated one would think. What is different? It is a tax. ---- Perhaps it is misplaced, but I think Roberts would side with this judge, if these cases make it to the Court. I'm more worried about Kennedy on this.

Posted by: SH at September 30, 2014 08:43 AM (gmeXX)

41 OT: Super genius Mark Lamont Hill says that the mere fact that the OK headchopper is Muslim and beheaded a woman doesn't mean it's terrorism because, "people behead for all sorts of reasons." See WZ.

Posted by: The Great White Snark at September 30, 2014 08:44 AM (XUKZU)

42 Arguing the feds can do something at all with law is a different argument than if they can do it sans law. Judas could definitely flip here.

Posted by: HoboJerk, Re-branded at September 30, 2014 08:44 AM (FA3Z7)

43 I'm sure the next GOP congress will swoop in with amendments to snatch defeat from the jaws of victory.

Or maybe Roberts will rule that Obamacare is a Unicorn.

Posted by: Fen at September 30, 2014 08:44 AM (1OMtW)

44 If you're coming in late to this, or have forgotten

That would be us...

Posted by: The GOP[/i] [/b] at September 30, 2014 08:46 AM (sDQnB)

45 Wait a second. Taxes are supposed to make sense? That's a new one on me.

Posted by: The Great White Snark at September 30, 2014 08:46 AM (XUKZU)

46 Tenors take it!

Delegation doctrine, do you speak it. I'm still captivated by the whole declarative sentences in a judicial opinion thingy. I could weep from joy and amazement.

Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 08:46 AM (mf5HN)

47 Who cares? It is a Jesusland red state flyover hellhole full of meth cookers that no one should concern themselves with.

Posted by: Mary Cloggenstein from Brattleboro, VT at September 30, 2014 08:46 AM (iqpjH)

48 Posted by: Nevergiveup at September 30, 2014 01:41 PM (M0mf2) Why it's almost like the GOPe can't find anything that they would do differently than Obama and his socialist Dem minions!

Posted by: Hrothgar at September 30, 2014 08:46 AM (o3MSL)

49 Roberts will rule that Obamacare is a Unicorn. *** shhh. don't give him any ideas.

Posted by: joe-impeachin44 at September 30, 2014 08:47 AM (Xr7hz)

50 The President's gonna be PISSED when he hears about this on the News.....

Posted by: fixerupper at September 30, 2014 08:47 AM (NaV4z)

51 You're all jumping to conclusions about that beheading. Perhaps this "Arabic" shouting was actually Gaelic, and the offender thought the woman was Christopher Lambert. People make that mistake often.

Posted by: broseidon king of the brocean at September 30, 2014 08:47 AM (3H4Zj)

52 But NOOOO you will not see the Republicans do that!

Posted by: Nevergiveup at September 30, 2014 01:41 PM (M0mf2)

 

No, instead they are running on issues that are actually of interest to the voters in their states and districts.  Strange that - why would the Republicans want to concentrate on the issues that concern their voters and not on the issues that interest me and a few people like me?

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 08:47 AM (hLRSq)

53 Stalemate.  Again, all of this that's happening in and to this nation right now is like watching the  video of that  747 crash in Afghanistan.

Posted by: Soona at September 30, 2014 08:47 AM (DkhX8)

54 "Arbitrary, Capricious, an Abuse of Discretion, and Otherwise Not In Accordance with the Law" ----------------- I found out about this at the same time that you did..., I read it in the paper. I am extremely angry, and will not rest until this is straightened out.

Posted by: Barky the Clown at September 30, 2014 08:47 AM (vPh3W)

55 There's no difference between Republicans and Democrats and the judges they appoint!! Especially if you ignore all the differences in the judges they appoint. Don't confuse the issue with facts, just go with your gut!!!

Posted by: Guy Who Says Everything Is a Republican Conspiracy at September 30, 2014 08:48 AM (ZPrif)

56 The law as it was written cannot be implemented successfully. There are too many moving parts that the starry eyed writers of the bill didn't understand or conceive of because Stoopid. All the adjustments that have been made have been necessary because Hello Reality. I think this will stay in place but just as a safety net for people who can't get insurance through ordinary means. Every doctor I know thinks it's a piece of shit. Private insurance and private practice will just adjust to get around the law and take advantage of every loophole just like accountants do with the tax code.

Posted by: L, elle at September 30, 2014 08:48 AM (2x3L+)

57 explain this to me as if i am six. What does this mean in the long run to the average joe? they'll tweak a lesser law or make states comply in some way to insure Obamacare Law remains the law of the land?

Posted by: willow at September 30, 2014 08:48 AM (nqBYe)

58 >>...IRS, desperate to save his bacon with lots of enrollees, decided that by administrative rule they would trump the law passed by Congress and just rule that anyone signed up for Obamacare should have subsidies.


Why, where ever did they get that idea - re-interpreting or ignoring the ACA whenever it was to their benefit?

Posted by: Lizzy at September 30, 2014 08:49 AM (D/504)

59 Just think, if Roberts had made a legitimate call    in 2012, instead of politicizing the court, all of this would    have been over and done with, and we would all be screaming about how president   Romney sucks.

Posted by: Vashta Nerada at September 30, 2014 08:49 AM (AX3vC)

60 No, instead they are running on issues that are actually of interest to the voters in their states and districts. Strange that - why would the Republicans want to concentrate on the issues that concern their voters and not on the issues that interest me and a few people like me? Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 01:47 PM (hLRSq) You can do both. And where does it say you don't try to educate the Voters. Stupid and ignorant is not way to go thru life.

Posted by: Nevergiveup at September 30, 2014 08:49 AM (M0mf2)

61 I was going to do a "Rolling Stone's Top 5 reasons for Beheadings," but I sort of ran out of steam after "Trying to become the Highlander" and "Needing a reason to quote any killing slug line said by Arnold in an 80's action movie."

Posted by: broseidon king of the brocean at September 30, 2014 08:50 AM (3H4Zj)

62 Oklahoma's making a play to be a real state lately what with all these headlines and such. I may actually look down the next time I fly over.

Posted by: JackStraw at September 30, 2014 01:42 PM (g1DWB)

 

 

-------------------------------------------

 

 

In case you might wonder about all those single-finger salutes............

Posted by: Soona at September 30, 2014 08:51 AM (DkhX8)

63 >>I was going to do a "Rolling Stone's Top 5 reasons for Beheadings," but I sort of ran out of steam...

"You're a big fan of Game of Thrones"?



Posted by: Lizzy at September 30, 2014 08:52 AM (D/504)

64 President Three-Iron is going to be pissed if he finds out about this at one of the 41% of PDB's he shows up to.

Posted by: broseidon king of the brocean at September 30, 2014 08:52 AM (3H4Zj)

65 Didn't clean your plate before putting it into the dishwasher, that's a beheading. Bed unmade, that's a beheading. Didn't take out the trash, that's a beheading. Didn't finish homework before TV, that's a beheading. - child disciplining the Marc Lamont Hill way.

Posted by: Marc Lamont Hill at September 30, 2014 08:52 AM (XUKZU)

66 Based upon a reading of his summary judgment opinion, I believe the Judge read the law. If only the same could be said of the Congress.

Posted by: MTF at September 30, 2014 08:52 AM (LISuA)

67 Private insurance and private practice will just adjust to get around the law and take advantage of every loophole just like accountants do with the tax code. Posted by: L, elle at September 30, 2014 01:48 PM (2x3L+) What's that about getting around the tax code to evade a socialist mandated program, comrade?

Posted by: L Lerner at September 30, 2014 08:52 AM (o3MSL)

68 I am so,disgusted by republicans that don't fight! What good are they? Confirm Lurch as SOS,an equally unqualified Clinton, Hagel, Holder & all other JEF nominees! Can we take up collection to send them some balls?

Posted by: Carol at September 30, 2014 08:53 AM (sj3Ax)

69 Perhaps it is misplaced, but I think Roberts would side with this judge, if these cases make it to the Court. I'm more worried about Kennedy on this. Posted by: SH I would tend to think so also, especially concerning Kennedy but in my non-lawyer mind the way Roberts changed his thinking to regard the whole law as a tax issue complete with his allowing fines to become taxes makes me think he would vote that State exchanges mean Government money flowing whether it is small State or The Federal Imperial State regardless of what the ones who wrote the bill said at the time. I think it will take a very good lawyer to change his mind. But then I've become a pessimist on the issue. I hope you are right.

Posted by: Daybrother at September 30, 2014 08:53 AM (ePQIH)

70 >>explain this to me as if i am six. What does this mean in the long run to the average joe? they'll tweak a lesser law or make states comply in some way to insure Obamacare Law remains the law of the land? There is no way to tweak this. The law was written in such a way that it only dealt with the state exchanges. When more than half the states said they wouldn't build their own and pushed their people into the federal exchange the Obama administration illegally granted those people the same subsidies as those in the state exchanges. This would require a major rewrite of the law and that is never going to happen now that the Republicans control the House and maybe the Senate. It actually does matter who is in charge of Congress.

Posted by: JackStraw at September 30, 2014 08:53 AM (g1DWB)

71 >>Private insurance and private practice will just adjust to get around the law and take advantage of every loophole just like accountants do with the tax code.

Or just retire, like many doctors have been doing.
"The only way to win the game is not to play"

Posted by: Lizzy at September 30, 2014 08:53 AM (D/504)

72 I haven't seen a lot of Republicans mentioning appeal the law for a while. I do remember they were into tweaking the law. which didn't seem very hopeful of getting the healthcare beast off our backs. some day i would like a rundown on how many citizens were actually helped with this law. besides insurance companies , some employers by dropping coverage etc.

Posted by: willow at September 30, 2014 08:54 AM (nqBYe)

73 appeal-repeal. sigh

Posted by: willow at September 30, 2014 08:54 AM (nqBYe)

74

OK, this decision is from Oklahoma and the thing I'm about to quote is from the Oklahoman, so there is a nexus and I'm totally not jamming OT content in here:

 

Muslims banned: Arkansas gun range owner declares business 'Muslim-free zone'

 

http://bit.ly/YNRJ5f

 

Outrage cued.  Corn popping.

Posted by: Bandersnatch at September 30, 2014 08:54 AM (JtwS4)

75 Who would have thought that a law written in jail would be so unwieldy?

Posted by: Mega at September 30, 2014 08:54 AM (hHFOx)

76 This is my favorite line from the decision: "An agency's rule-making power is not the 'power to make law', it is only the "power to adopt regulations to carry into effect the will of Congress as expressed by the statute." [...] "In reviewing statutes, courts do not assume the language is imprecise...Rather, we assume that in drafting legislation, Congress says what it means." (Also footnote 24 looks like it's a doozy.)

Posted by: your friendly Danube River guide at September 30, 2014 08:54 AM (RJMhd)

77

The law as it was written cannot be implemented successfully. There are too many moving parts that the starry eyed writers of the bill didn't understand or conceive of because Stoopid. All the adjustments that have been made have been necessary because Hello Reality.

 

 

-------------------------------------------

 

 

Ocare was written to destroy Constitutional law.  It just turns out the Constitution isn't quite dead......yet.

Posted by: Soona at September 30, 2014 08:55 AM (DkhX8)

78

Posted by: willow at September 30, 2014 01:48 PM (nqBYe)

 

If this ruling survives then there are no ObamaCare subsidies available to people who bought insurance on the federal exchange.  You can imagine how they are going to react when they get that bill without the subsidy.  If a subsidy is to be available the ACA would have to amended to allow subsidies under the federal exchange as well as the state exchanges.

 

Could an amendment be made?  Sure, but the chances right now are very slim.  Whether the rage caused by the lack of subsidies on the federal exchange would push congress to amend the ACA to have it or push congress to kill the ACA is anyones' guess.

 

This does not count out any further surprises from the Pandora's Box of statutes either.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 08:55 AM (hLRSq)

79 It actually does matter who is in charge of Congress. Posted by: JackStraw at September 30, 2014 01:53 PM (g1DWB) I think it is very astute of you to think that way, naive, but astute!

Posted by: Juan "Orange" Boner at September 30, 2014 08:55 AM (o3MSL)

80 This would require a major rewrite of the law
-----------------------

All you need to write is a pen. Just saying.

Posted by: Barry at September 30, 2014 08:55 AM (hHFOx)

81 I am so,disgusted by republicans that don't fight! What good are they? - In Iraq, the army won't fight ISIS and they get killed. In D.C., the Republicans won't fight Obola and they get killed.

Posted by: The Great White Snark at September 30, 2014 08:55 AM (XUKZU)

82 Posted by: Guy Who Says Everything Is a Republican Conspiracy at September 30, 2014 01:48 PM (ZPrif) I see strawmen. Very poorly done strawmen.

Posted by: Meremortal at September 30, 2014 08:56 AM (1Y+hH)

83 Muslims banned: Arkansas gun range owner declares business 'Muslim-free zone' ---- I understand the sentiment.... but baaad move...

Posted by: fixerupper at September 30, 2014 08:56 AM (NaV4z)

84 Chief Justice Chelsea Clinton will sort this out.

Posted by: Sifty at September 30, 2014 08:57 AM (cT+cB)

85 This won't be in one of the PDB as I'm sure Eric has probably told him by now.

Posted by: Carol at September 30, 2014 08:57 AM (sj3Ax)

86

If only    there was a political party running on the repeal of this crap sandwich of a bill.

 

  It is a crying shame.

Posted by: Vashta Nerada at September 30, 2014 08:57 AM (AX3vC)

87 Muslim Free-Fire Zone?

Posted by: Meremortal at September 30, 2014 08:58 AM (1Y+hH)

88 Heaven forbid we'd tried the free market reforms.

Posted by: --- at September 30, 2014 08:58 AM (MMC8r)

89 >>>> 74 >>> Muslims banned: Arkansas gun range owner declares business 'Muslim-free zone' http://bit.ly/YNRJ5f Outrage cued. Corn popping. Oh, that's good. I forgive you for the whole Arby's thing now

Posted by: L, elle at September 30, 2014 08:58 AM (2x3L+)

90 I would tend to think so also, especially concerning Kennedy but in my non-lawyer mind the way Roberts changed his thinking to regard the whole law as a tax issue complete with his allowing fines to become taxes makes me think he would vote that State exchanges mean Government money flowing whether it is small State or The Federal Imperial State regardless of what the ones who wrote the bill said at the time.
I think it will take a very good lawyer to change his mind. But then I've become a pessimist on the issue. I hope you are right.

Posted by: Daybrother at September 30, 2014 01:53 PM (ePQIH)

 

 

------------------------------------------

 

 

Plus, I'm sure he'll want to keep his adopted kids also.   I really do think we have a compromised chief justice.

Posted by: Soona at September 30, 2014 08:58 AM (DkhX8)

91 Based upon a reading of his summary judgment opinion, I believe the Judge read the law. If only the same could be said of the Congress. Posted by: MTF at September 30, 2014 01:52 PM (LISuA) ---- Nancy Pelosi hardest hit.

Posted by: fixerupper at September 30, 2014 08:58 AM (NaV4z)

92 It was a rogue agent in Cincinnati that did this.

Posted by: Barky the Clown at September 30, 2014 09:00 AM (vPh3W)

93 Based upon a reading of his summary judgment opinion, I believe the Judge read the law. If only the same could be said of the Congress. Posted by: MTF at September 30, 2014 01:52 PM (LISuA) ---- Nancy Pelosi hardest hit. Posted by: fixerupper at September 30, 2014 01:58 PM (NaV4z) But not nearly hard enough.

Posted by: IllTemperedCur at September 30, 2014 09:00 AM (TIIx5)

94

Oh, that's good. I forgive you for the whole Arby's thing now

 

Awww.

 

**uploads nice flaky croissant to the cloud for you**

Posted by: Bandersnatch at September 30, 2014 09:01 AM (JtwS4)

95 Muslims banned: Arkansas gun range owner declares business 'Muslim-free zone' ---------- I am sending agents.

Posted by: Erk Wholder at September 30, 2014 09:01 AM (vPh3W)

96 Arbitrary, Capricious, an Abuse of Discretion, and Otherwise Not In Accordance with the Law





Barry: You make that sound like a bad thing. To me it's just a day at the office

Posted by: TheQuietMan at September 30, 2014 09:01 AM (1Jaio)

97 83 Muslims banned: Arkansas gun range owner declares business 'Muslim-free zone' ---- I understand the sentiment.... but baaad move... Better to advertise for Muslims it would boost overall demand for range time.

Posted by: Post Modern Realism at September 30, 2014 09:01 AM (oDCMR)

98 Oklahoma did something Obama won't like about Obamacare? Let's hope they don't have any Federal government orchestrated workplace violence, but maybe the Federal judge will just get an audit. Hope and Change.....yeah.

Posted by: FenelonSpoke at September 30, 2014 09:01 AM (glk59)

99 All you need to write is a pen. Just saying.

Posted by: Barry at September 30, 2014 01:55 PM (hHFOx)

 

That's what teh IRS just did and got kicked for it.  That's what you did with your NLRB recess appointments and you got kicked for it.  If you want something to last longer than an ice cream cone on an August day you got to do it right Legacy Man.

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 09:02 AM (hLRSq)

100 Ha! I see Gabe noticed the same flipping foot note in his twitter feed--or whatever the hell you call it.

Posted by: your friendly Danube River guide at September 30, 2014 09:03 AM (RJMhd)

101 Plus, I'm sure he'll want to keep his adopted kids also. I really do think we have a compromised chief justice. Posted by: Soona at September 30, 2014 01:58 PM (DkhX I'm really glad that Bush administration's selection team did such a great job vetting Roberts

Posted by: Hrothgar at September 30, 2014 09:03 AM (o3MSL)

102 Mikey, uh hmm.

Posted by: willow at September 30, 2014 09:04 AM (nqBYe)

103 I think it's a bad move to ban Muslims. Shells get suits coming out of her ears. But maybe it would be o.k. to say that's she's going to be hiring trained marksmen to oversee the Muslims during range time.

Posted by: FenelonSpoke at September 30, 2014 09:04 AM (glk59)

104 Who would have thought that a law written in jail would be so unwieldy? There's a certain poetry in that observation. However, out here in the real world, what with all the negatives of 404Care, we're bearing the full force of that far-left, socialized wet dream. Good and hard. #WASTF

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:04 AM (0HooB)

105 Things would be so much better if Harriet Myers hadn't been torpedoed by you ignorant knuckle-draggers.

Posted by: Chupacabras at September 30, 2014 09:05 AM (RQDhf)

106 Great white Snark & Vashta Nerada, Did you hear Rush Limbaugh on Thursday before last? He went on & sounded absolutely disgusted with republicans & how they don't stand for anything now. Can they stand up? None of them want to fight & we need them to fight! Jeff Sessions has led charge on amnesty. But.i don't know of any others fighting, except Cruz. Pail made deal with Mitch, his father must be pissed off,

Posted by: Carol at September 30, 2014 09:05 AM (sj3Ax)

107 >>>7 Ahhh more false hope. Wonderful. TFG Care is here to stay. The courts will not abolish it and you can believe me now or later that the opposition party won't. Posted by: Misanthropic Humanitarian, Jay Cutler is my MVP at September 30, 2014 01:35 PM (vPh3W) Which party now?

Posted by: Truman North, Moron Emeritus at September 30, 2014 09:05 AM (vpZd6)

108 I sense a disturbance in healthcare . . .

Posted by: Theresa Caputo, Long Island Medium at September 30, 2014 09:06 AM (JO9+V)

109 But maybe it would be o.k. to say that's she's going to be hiring trained marksmen to oversee the Muslims during range time. Posted by: FenelonSpoke at September 30, 2014 02:04 PM (glk59) Or perhaps they could have a "muz only range day", but with a sharpshooter behind every station.

Posted by: Hrothgar at September 30, 2014 09:06 AM (o3MSL)

110 St Cassian, patron saint of students? They tied him to a stake and stabbed him to death with their stylii.

Posted by: The Progs at September 30, 2014 09:07 AM (iQIUe)

111 The courts will not abolish it ----- The courts won't abolish it, but there is a good chance that the SCt sides with this judge's interpretation on this matter. That is if Kennedy holds up. I'm not sure what the effect will be on Obamacare if the Court does, but surely it weakens it - though does not abolish it. Of course, that will probably allow the GOP to work on a reform plan that will frankly be just as bad.

Posted by: SH at September 30, 2014 09:08 AM (gmeXX)

112 so if it is extremely unlikely this will change anything at all . Why are we even discussing it? Because we give irs a momentary head ache that they will take a few new appointed judges to draw lines through?

Posted by: willow at September 30, 2014 09:08 AM (nqBYe)

113 4 Whoops, wrong useless John. Posted by: John Roberts at September 30, 2014 01:34 PM (hHFOx) --- Easy mistake, there are so many of them

Posted by: John Kerry at September 30, 2014 09:09 AM (SO2Q8)

114 Or perhaps they could have a "muz only range day", but with a sharpshooter behind every station. Posted by: Hrothgar at September 30, 2014 02:06 PM (o3MSL) ---- Suicide vest testing ground.

Posted by: fixerupper at September 30, 2014 09:09 AM (NaV4z)

115 I sense a disturbance in healthcare . . . zzzzzzzzzzzzzzzzzzzzzzzzzzzz --Employer Mandate Fuse

Posted by: rickb223[/s][/b][/I] at September 30, 2014 09:09 AM (VTeMs)

116 Only issue Korans as targets.

Posted by: --- at September 30, 2014 09:09 AM (MMC8r)

117 Or perhaps they could have a "muz only range day", but with a sharpshooter behind every station. Posted by: Hrothgar at September 30, 2014 02:06 PM (o3MSL) ---- Suicide vest testing ground. BBQ'd pulled pork day.

Posted by: rickb223[/s][/b][/I] at September 30, 2014 09:10 AM (VTeMs)

118 A bear is up a tree in Ridgewood NJ for any Morons who live near. I do actually

Posted by: Nevergiveup at September 30, 2014 09:10 AM (M0mf2)

119 nevermind, part of the population will be buried under the financial onus of o bamacare , but hey Free health insurance was worth it.

Posted by: willow at September 30, 2014 09:10 AM (nqBYe)

120 Only issue Korans as targets. Posted by: --- at September 30, 2014 02:09 PM (MMC8r) ---- I had a friend that was Muslim and he bragged how he had the entire Koran on a CD. I asked him to burn me a copy. . . . Man was he pissed.

Posted by: fixerupper at September 30, 2014 09:11 AM (NaV4z)

121 I think Roberts is willing to give more deference to Congress than to the President, which is why he was willing to uphold ACA but why I think he would rule against the IRS in this matter. While Kennedy may have not been willing to uphold the ACA, the bottom line is now it has been upheld. Is he willing to defer to the President on it? I'm just more confident in Roberts than Kennedy.

Posted by: SH at September 30, 2014 09:11 AM (gmeXX)

122 The only people this helps is statists and insurance companies. Repeal should be a slam-dunk.

Posted by: --- at September 30, 2014 09:11 AM (MMC8r)

123 Written Laws?  Never heard of them.

Posted by: Charlie Gibson at September 30, 2014 09:11 AM (0FSuD)

124 nevermind, part of the population will be buried under the financial onus of o bamacare , but hey Free health insurance was worth it. Free onuses for everyone!!

Posted by: rickb223[/s][/b][/I] at September 30, 2014 09:12 AM (VTeMs)

125 * waxes nostalgic for the days of the burning skull * --- I hope you're doing that in your bunk, per moron regs.

Posted by: John Kerry at September 30, 2014 09:12 AM (SO2Q8)

126 Now it would be legal for the range owner to advertise Koran targets, what with freedom of speech and such.

Posted by: Post Modern Realism at September 30, 2014 09:12 AM (oDCMR)

127 So, about these Muslims, where does the peace part come in? And this Healthcare thing, when does the "care" thing start? It seems to only be a wealth distribution scheme so far.

Posted by: Meremortal at September 30, 2014 09:13 AM (1Y+hH)

128 BBQ'd pulled pork day.

Posted by: rickb223 at September 30, 2014 02:10 PM (VTeMs)

 

 

----------------------------------------

 

 

That's really all these ranges need to do.  Advertise that every day is pork day.  Have a portable grill that can be placed strategically so that the pork smell is settle on the  firing line.

Posted by: Soona at September 30, 2014 09:13 AM (DkhX8)

129 rick, i should head back to my sick bed, i cannot focus. sniff. anyway have a great day everyone.

Posted by: willow at September 30, 2014 09:14 AM (nqBYe)

130 @111 - Porcine avians busting the Class Bravo at your local mega-airport. Dracula oiling up for an hour on a tanning bed. Barack Obama goes cap-in-hand to a GOP-controlled Congress for Obamacare fixes. Which one of those would be the most surprising.

Posted by: JEM at September 30, 2014 09:14 AM (o+SC1)

131 There's probably a dead girl or a live boy in his near future. --- Lucky SOB

Posted by: Hairy Reed at September 30, 2014 09:14 AM (SO2Q8)

132 Pfft, freedom of speech and Korans?

I can't be reaching too far back remembering the pastor that was going to burn a bunch or Korans but got a call from one of our top generals?

Details are fuzzy, but I certainly remember that chilling of free speech.

Posted by: Chupacabras at September 30, 2014 09:14 AM (RQDhf)

133 128 BBQ'd pulled pork day. Posted by: rickb223 at September 30, 2014 02:10 PM (VTeMs) ---------------------------------------- That's really all these ranges need to do. Advertise that every day is pork day. Have a portable grill that can be placed strategically so that the pork smell is settle on the firing line. ----------------------- Bring your dog day would also be a winner.

Posted by: Post Modern Realism at September 30, 2014 09:15 AM (oDCMR)

134

" so if it is extremely unlikely this will change anything at all .
Why are we even discussing it?"

 

willow - after all of this time you have to ask?  It lets the Horde go deep inside to the darkest corners, find their most intractable angony and dismay and give it a great big hug.

 

What memories that brings up! 

Posted by: Mikey NTH - Harvesting Howls of Anguish & Rage at the Outrage Outlet! at September 30, 2014 09:15 AM (hLRSq)

135 rick, i should head back to my sick bed, i cannot focus. sniff. anyway have a great day everyone. Get well soon, Ms. Willow!

Posted by: rickb223[/s][/b][/I] at September 30, 2014 09:16 AM (VTeMs)

136 I'm still captivated by the whole declarative sentences in a judicial opinion thingy. I could weep from joy and amazement. Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 01:46 PM (mf5HN) Hold up. We just haven't gotten to this guys' illegally adopted children yet.

Posted by: Cartherton G. Neckbeard, CEO, Marxist Inc. at September 30, 2014 09:16 AM (VBOIG)

137 >>nevermind, part of the population will be buried under the financial onus of o bamacare , but hey Free health insurance was worth it. I think you are missing it. If the subsidies at the federal level are ruled illegal, then the very people who would be getting "free healthcare" are the ones who are going to be hit here.

Posted by: JackStraw at September 30, 2014 09:17 AM (g1DWB)

138 Pulled pork with mayonnaise and pumpkin chutney?

Sounds like the perfect range trip to me!

Posted by: David Duke at September 30, 2014 09:17 AM (RQDhf)

139 I had a friend that was Muslim and he bragged how he had the entire Koran on a CD. I asked him to burn me a copy. . . . Man was he pissed. You're teh King Moron for today. A role model. All Valu-Rite imbibed for the rest of the day shall be preceded by a toast in your honor.

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:18 AM (0HooB)

140 Can we take up collection to send them some balls? Posted by: Carol at September 30, 2014 01:53 PM

If we took up a collection for them, they'd heed the words of Lenny Bruce and "p*ss it all away on beer."

The only option I can see is to put them in the same prison with the Democrats.

Posted by: MrScribbler at September 30, 2014 09:18 AM (A17aa)

141 My cousin is a police in ridge wood NJ.

Posted by: Truman North, Moron Emeritus at September 30, 2014 09:18 AM (vpZd6)

142 nood

Posted by: AltonJackson at September 30, 2014 09:19 AM (WRseu)

143 121 I'm just more confident in Roberts than Kennedy. Posted by: SH at September 30, 2014 02:11 PM (gmeXX) Heh....not for long.

Posted by: Cartherton G. Neckbeard, CEO, Marxist Inc. at September 30, 2014 09:19 AM (VBOIG)

144 >>I was going to do a "Rolling Stone's Top 5 reasons for Beheadings," but I sort of ran out of steam... --- Bitch wouldn't squeeze out a son

Posted by: Henry VIII at September 30, 2014 09:19 AM (SO2Q8)

145 Get well soon, willow. Dr. Boy prescribes mass quantities of alcohol. It may not make you feel better, but it'll at least take your mind off it.

Posted by: BackwardsBoy, who did not vote for this shit [/i][/s][/b][/u] at September 30, 2014 09:20 AM (0HooB)

146 explain this to me as if i am six. What does this mean in the long run to the average joe? --- Of course, now just come with me to the van where the explaining mattress is...a learning adventure awaits you there.

Posted by: Hairy Reed at September 30, 2014 09:21 AM (SO2Q8)

147 Bring your dog day would also be a winner. Posted by: Post Modern Realism at September 30, 2014 02:15 PM (oDCMR) Only bacon wrapped bullets allowed!

Posted by: Hrothgar at September 30, 2014 09:23 AM (o3MSL)

148 beheadings were ( in the civilized West ) only a way of killing a head of state


metaphor meets meaningfulness--people--even batsh*t crazy ones ) don't behead other people


and Mark Dumper Hill is as dishonest as he is racist

Posted by: whiskey tango at September 30, 2014 09:28 AM (8CdUx)

149 Obama's in charge of Congress. Any fools knows that.

Posted by: ghost of hallelujah at September 30, 2014 09:29 AM (7RXcs)

150 Bwah, hah,hah,hah,hah. "Arbitrary and capricious". This day just keeps getting better! Anyone else not insured? I have all my medical stuff done overseas, its much cheaper. I found an out to the fine or tax or whatever they call that extortion now. I read where you can claim 'financial distress" if you received a cut off notice from your utility company and not have to pay the fine. Has anyone else heard this? As serendipity would have it, I just up and forgot to pay the electric bill while overseas working and got a cut off notice which I put in the ole tax file after immediately paying the bill. Now one needs to be careful if this is indeed a valid strategy. Some utilities report cut off notices to the credit bureaus while others only report actual cut offs! As blind luck would have it, my utility company falls into the 2nd category. Heh. With the savings in fines I can invest in another M-1 Garand to piss the progs off twice with the same money! Check and mate! And "Get off my lawn!"

Posted by: The Walking Dude at September 30, 2014 09:37 AM (cCxiu)

151 136 I'm still captivated by the whole declarative sentences in a judicial opinion thingy. I could weep from joy and amazement. Posted by: alexthechick - Team Ebola Zombie at September 30, 2014 01:46 PM (mf5HN) Extremely well-written and clear. I love how Judge White addressed the "don't do it, you'll be gutting the law" issue in his conclusion [short version - it's my job to read the statute and make a legally appropriate ruling, not worry about the policy implications - that's up to Congress to deal with]. The whole thing is worth reading, but especially read the conclusion.

Posted by: duke at September 30, 2014 09:56 AM (ChY2Q)

152 I could listen to the judges talk like that to Obummer's people all day.

Posted by: exdem13 at September 30, 2014 10:16 AM (lJaja)

153 There WAS a split in the circuits (between the 4th Circuit and the D.C. Circuit) -- until the D.C. Circuit Court of Appeals vacated the Halbig judgment (which had been decided by a 3-judge panel) so that they could re-hear and re-decide it with the full circuit (which has been stacked with Dim judges by Hairy Reed).

Posted by: TrivialPursuer at September 30, 2014 10:30 AM (HvsPx)

154 68 I am so,disgusted by republicans that don't fight! What good are they? Confirm Lurch as SOS,an equally unqualified Clinton, Hagel, Holder & all other JEF nominees!

Can we take up collection to send them some balls?


Wouldn't usefully change anything - they'd only piss 'em away like they did with whatever of same they might once have had on their own, or (more likely) sell 'em off through intermediaries to some snotty bunch of malcontent "insurgents" presently reigning in some Sheol-forsaken corner of the planet.

They don't want to be any different than they are; they just wanna keep the party - and the Party (In Name Only) - rollin' along, singin' the songs, doin' their time and pickin' up allll-l-l the dimes, till it's their self-chosen time to go (if ever)...

Don't like the outcome of that? Well...there's always the (bare) possibility of replacing 'em, y'know...I know, I know - crazy-talk, right?

Posted by: J.S.Bridges at September 30, 2014 01:43 PM (DsGWS)

155 <blockquote>"In reviewing statutes, courts do not assume the language is imprecise...Rather, we assume that in drafting legislation, Congress says what it means."</blockquote>

Wow...just - wow...

Talk about your "unwarranted" (and clearly misguided) assumptions.

Still - if actually true, explains quite a bit about a lot of  higher-court rulings, yes?

<blockquote>Ocare was written to destroy Constitutional law. It just turns out the Constitution isn't quite dead......yet.</blockquote>

Not to worry, there are TOP.MEN. presently hard at work to "correct" that "not quite dead...yet." situation. TOP.MEN., I say...

Posted by: J.S.Bridges at September 30, 2014 04:42 PM (DsGWS)

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