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applegrove

(118,600 posts)
Mon Jul 28, 2014, 10:47 PM Jul 2014

"How Harry Reid Might End Up Saving Obamacare"

How Harry Reid Might End Up Saving Obamacare

by Brett LoGiurato at Business Insider

http://www.businessinsider.com/harry-reid-obamacare-halbig-lawsuit-2014-7

"SNIP........................


Last November, Reid pushed the button on the so-called "nuclear option," dramatically changing Senate filibuster rules to get more of President Barack Obama's judicial and executive nominees approved. Reid's rule change allowed Obama's nominees to be approved by a simple majority vote rather than with the support of 60% of senators, which prevented the Republican minority from blocking the president's picks.

And it turns out, Reid's maneuvering might become the White House's most effective weapon as it faces the most serious legal challenge to the Affordable Care Act in more than two years.

"It's the first big case where the effects of the nuclear option could be felt," one Senate Democratic aide told Business Insider last week.

Here's how Reid's senatorial nuke could theoretically save Obamacare. Last week, a three-judge panel on the D.C. Circuit Court ruled that a 2012 IRS regulation that implements key subsidies under the law is invalid, in the case of Halbig v. Burwell. The decision has the potential to affect more than five million people who have been given tax credits when purchasing health insurance through the federal exchange.

But the Department of Justice is appealing the panel's decision, requesting an "en banc" review by the full D.C. Circuit Court. The math for the Obama administration is better in this situation — the court splits 7-4 in favor of Democratically appointed judges, because of Reid's rule change. Because of this breakdown, legal experts believe the D.C. court will reverse the Halbig decision if it grants the en banc review.


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"How Harry Reid Might End Up Saving Obamacare" (Original Post) applegrove Jul 2014 OP
Good one, Harry. riqster Jul 2014 #1
I dunno' about "saving Obamacare" .... most serious challenges will end up at Supreme Court groundloop Jul 2014 #2
Save Obamacare? bigdarryl Jul 2014 #3

groundloop

(11,518 posts)
2. I dunno' about "saving Obamacare" .... most serious challenges will end up at Supreme Court
Tue Jul 29, 2014, 12:23 PM
Jul 2014

And until we get rid of one or two of the Supreme Court's right wing we know how many of those rulings are going to come out. John Roberts might save some of the Affordable Care Act (to ensure added business for insurance companies, IMO), but I'm not counting on too much help from him.

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