It’s political warfare on a Constitutional chessboard. On Friday the Supreme Court announced it would review the King decision. Checkmate.
The Supreme Court did not wait until Monday as it would ordinarily do to crush Barack Obama. Unlike most others, we are not surprised at all. For us, there is no Shock: Supreme Court will decide whether federal consumers are eligible for ObamaCare subsidies.
We wrote about Halbig HERE. It’s a big, big, big, decision which almost surely forces an an Obama appeal to a full panel of the appellate court. Obama will win that fight because he packed the court when Harry Reid ended the Senate filibusters on judges to courts other than the Supreme Court. But then the case will go to the Supreme Court and we’re walking on the sunny side of the street and believe the Supreme Court will ratify today’s three judge panel decision. [snip]
Here’s a complication: There is another case on the same issues in the Fourth Circuit. It is likely the Fourth Circuit appeals court will rule in favor of ObamaCare. The losers in that case will then be able to appeal directly to the Supreme Court if they so choose and force the issue faster than anyone expects but still after the November 2014 elections.
How’s that for bloody good analysis? Almost immediately after we wrote that, the Fourth Circuit did exactly as we predicted. We then wrote an update to take into account the latest decision:
Update II: Well that was quick. Two hours after the Halbig decision the Fourth Circuit issued its decision on ObamaCare. As predicted below, the Fourth Circuit upheld ObamaCare’s subsidy scheme as twisted into existence by Obama. This means a split in appellate court decisions and Supreme Court review.
More importantly, the plaintiffs that lost in the Fourth Circuit now can immediately appeal to the Supreme Court and not bother with an appeal to the full panel of the Fourth Circuit.
Feel free to point out any small diddly thingamajig in which we were wrong ObamaCare supporters. Go ahead. We dare you. We double dare ya!
Our mockery of the Fourth Circuit decision added tickles when ObamaCare architect Jonathan Gruber’s videotaped statements emerged from a rathold. Gruber made it clear that ObamaCare subsidies were intended only for state exchanges.
Our brilliant, genius, Supercalifragilisticexpialidocious, analysis hit full flower soon thereafter:
We predicted that Gruber’s comments will be, either through judicial notice or part of the record, introduced by ObamaCare opponents into the judicial record.
We have been proven correct. Plaintiffs in an Oklahoma ObamaCare case have moved to supplement the record with Jonathan Gruber’s helpful comments and history. For our non-regular readers, here is a video hilarity of Gruber’s helpful comments for ObamaCare opponents:
Some would call it genius. We’ll be modest and just blush. Some of what we wrote was mundane:
Our Gruber prediction was not very daring. It was obvious.
But when others clutched their pearls at the swift Fourth Circuit decision on the same day as HalBIG we stayed fixed to the north star and well… we were brilliant in our analysis:
Less obvious at the time to all but us here at Big Pink was the good fortune of that Fourth Circuit pro-ObamaCare decision that came in two hours after the D.C. Circuit cut the guts out of ObamaCare. Our prediction? We predicted that the Fourth Circuit plaintiffs would race to the Supreme Court and skip the en banc stopover. Result? We are right again.
The Fourth Circuit plaintiffs could have asked the full panel of the Fourth Circuit to take up the case and therefore tie themselves down alongside the ObamaCare plaintiffs in the D.C. Circuit where the ObamaCare scam artists ask the full en banc court panel to take up the case. ObamaCare lawyers, it was widely presumed, would appeal their loss in D.C. to the full en banc panel which is packed with Obama appointed judges after Harry Reid destroyed the Senate and its filibuster rules. The likelihood was (although this was before Jonathan Gruber’s comments came to light) that the full D.C. panel would uphold ObamaCare and thereby end the “split” decisions in the circuits making it less likely that the Supreme Court would take up the ObamaCare HalBIG cases.
But we suspected and predicted that the Fourth Circuit plaintiffs would skip the full panel in the Fourth Circuit and instead go directly to the Supreme Court. This they did and we go to the head of the class.
Oh dear, we’re on the verge of being immodest. What will mater and pater say? But damn it to blazes, we were right and so right that old articles we wrote are as daisies fresh sprung from the soil:
On Friday, August 1, pro-ObamaCare lawyers, as predicted by most, filed their appeal for an en banc hearing before the entire D.C. Circuit panel. On July 31, however, the plaintiffs in the Fourth Circuit made their move. The “losers” in the Fourth Circuit beat the D.C. “winners” to the Supreme Court.
The writ to the Supreme Court by the Fourth Circuit plaintiffs cites their new pal “architect” Jonathan Gruber: [snip]
As we predicted the timing was the interesting aspect:
Under the court’s rules, lawyers who lose in an appeals court have 90 days to seek a review in the Supreme Court. And normally, lawyers take the full time. But in this instance, the opponents of the Affordable Care Act want the court’s conservative justices to have a chance to take up the new healthcare case in a few months so they can rule by next spring.
The Obama administration has the opposite strategy on timing. The Justice Department said it planned to ask the full appeals court in the District of Columbia to reconsider last week’s ruling by a three-judge panel. If so, that could delay a final ruling from the appeals court until next year and push off a Supreme Court decision to 2016.
By then, millions of Americans will have relied for several years on having health insurance they could afford thanks to the subsidies. A single adult with an income up to $45,960 and a family of four with an income up $94,200 may obtain insurance on an exchange at a reduced cost.
Did we ever tell you we are great at chess? Since childhood. Great at chess. And ObamaCare is a great chess game. Like Deep Blue we here at Big Pink knew how the chess pieces would move before the players knew what they would do. We wrote it is one giant political chess game on ObamaCare and that was the reason the Supreme Court would checkmate King:
We’ll address the issue of hooking Americans to ObamaCare subsidies as a political strategy below. We’ve already addressed why this line of HalBIG cases can be successful politically for the courts and that the Supreme Court will see that these ObamaCare cases are best settled outside the 2016 (and 2014) election window. Obama of course wants to attack the Supreme Court in an election year just like he so successfully used that timing to his advantage in 2012.
The Writ Of Certiorari filed so quickly, not waiting 90 days, comports with the strategy we have espoused of avoiding as much as possible an election year fight which will fill Chief Justice Roberts with angst. A non-election year ruling right after the November 2014 elections but well before 2016 is just what Roberts needs to calm his nerves.
It’s all come to pass. The Supreme Court waited to read the election returns. Now the Supreme Court will move against ObamaCare before the 2016 election and safely after the 2014 elections. ObamaCare has been hit by an electoral truck and is off to the Sarah Palin death panel.
If you doubt ObamaCare is about to die read the analysis of the Greg Sargent analysis. It’s a hoot. Obama high-priest and ObamaCare scorched earth defender Sargent unwittingly wrote the Supreme Court decision against ObamaCare even as he thought he wrote a brilliant defense for ObamaCare! Hilarius. Sargent and Gruber will eventually be seen as the ObamaCare supporters that buried ObamaCare.
ObamaCare supporter Timothy Jost is soiling his briefs with accusations that the Supreme Court is making political, not legal judgements. But the ones playing bad political chess are Harry Reid and Barack Obama with their court packing maneuvers. Chief Justice John Roberts will have to negate the Reid/Obama court packing schemes if he wants to preserve the integrity of the Judicial Branch.
The pearl clutching dummies will see a Supreme Court checkmate of ObamaCare as great for Barack Obama because it will give him an issue on which to fight. But that is a non starter. ObamaCare is hated just about everywhere. If anything a Supreme Court checkmate which destroys ObamaCare will strengthen the newborn Republican congress. Obama will have to crawl to Republicans for help to rescue his “legacy” disaster. Republicans will prove to not be in a giving vein.
ObamaCare, Ebola, they are all dancers in the Masque of the Red Death hosted by Ebola Obama.
Ebola Obama, this wretched creature who believes he is a black king is about to be checkmated by the Supreme Court. The knights, bishops, rooks, Queen, pawns, and the opposing White King will do Obama in. The name of the White King in this game of chess?
The White King is called the Constitution.