RE: Analysis: Halbig v. Burwell


Just a quick update; as I predicted, the losers in the 4th Circuit’s King v. Burwell dismissal have today appealed the case to the Supreme Court. There is nothing surprising or unexpected in this; it is standard procedure in the case of split Circuits, as happened then the DC Circuit found for palintiffs in Halbig v. Burwell. The losers in Halbig, a/k/a the Department of Justice, have asked DC Circuit for an en banc hearing on the case. As I noted in the above link originally, I am not certain they will get it. They might, there’s going to be a lot of political pressure applied to DC Circuit over it. But even if they do, the case will almost certainly wind up before the Supremes, and this being so, the DC Circuit Powers That Be may not want to swim in that cesspool again. DoJ knows this as well, of course.  Holder and Co. are probably hopeful the excess of liberals Harry Reid went nuclear to put on the DC Circuit can save the president’s bacon, and failing that, to run out the clock on the Obama term before he gets slapped down by the high court again. The Supreme Court is unlikely to answer appellants in King before DC makes its en banc decision.

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themaskedblogger is a native born Texan, a registered voter and possessed of some minimal ability to read, write and think.

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