- Nate RFB
- Jan 17, 2005
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Clapping Larry
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My understanding is that the White House would request an en banc ruling, which features a larger panel than the three appellate judges in this asinine decision. This larger panel has much better math for them as it has a majority of Democratic appointees. Not sure where it goes after that (SCOTUS?).
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Jul 22, 2014 15:45
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May 13, 2024 05:42
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- Nate RFB
- Jan 17, 2005
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Clapping Larry
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Healthcare costs would skyrocket since millions of people receiving health insurance would no longer be able to pay for them. It would be catastrophic.
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Jul 22, 2014 16:20
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- Nate RFB
- Jan 17, 2005
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Clapping Larry
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Simplifying matters:
The federal court system has three layers: district court, circuit court, and the supreme court. Each district and circuit court has particular geographic jurisdiction. The two relevant courts today, the 4th Circuit and the DC Circuit cover, for the purposes of the litigation at issue, Virginia and DC respectively. Both the 4th Circuit (ACA subsidies are ok) and the DC Circuit (ACA subsidies are not OK) are appeals courts. They reached conflicting decisions. Ordinarily, if circuit courts disagree, this is usually a sign that if the case were appealed to the Supreme Court from either (or both) of them, the Supreme Court would hear the appeal to ensure that the law is uniform across the country. However, appeal to the Supreme Court is not the only avenue of appeal from a Circuit Court decision. Circuit Court appeals are heard by randomly selected panels of three judges from the judges in the circuit (with particular exceptions involving senior judges and occasionally district court judges sitting on a panel). Decisions by a three-judge panel are capable of being appealed to an en banc panel, which is typically all of the active judges in the circuit (9th Circuit notwithstanding: they have too many judges to have them all in en banc, so they randomly choose a 11-judge panel).
If there was not a conflicting ruling elsewhere, theoretically would the next step up for a district court ruling be SCOTUS? For example, the various SSM bans being struck down in district courts presumably are going to be heard at SCOTUS next and not the circuit court from today. It's just the circuit court where this sort of secondary system that can get invoked before heading to SCOTUS because of the judge selection process for the appeals?
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Jul 22, 2014 18:30
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- Nate RFB
- Jan 17, 2005
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Clapping Larry
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This is for the ~$600 million plan, right? Which means it's probably dead since Pelosi wouldn't want any of that either.
Really though what are their plans then? I mean...things cost money!
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Jul 30, 2014 18:17
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