Appeals court says mandate unconstitutional but sends case back to lower court to reconsider ACA impact. Avoids Supreme Ct in election year.
I will report out more here. Follow if interested.
Sending a clear cut case to invalidate the ACA back to the conservative judge that invalidated it in the first place is at best a dodge, but more accurately is subterfuge. 3/
And shifts the dialogue squarely to the GOP and Trump position to attack pre-Ex condition protections alive longer. 5/
But since we’re good anti-ACA conservatives let’s send it back, elongate the process. And likely wait for a different Supreme Court in the process. 6/
They shirked their reaponsibility
They gave standing where none exists
They were playing political games
They didn’t even come close to apply the law 7/
1. The ACA is still the low of the land.
2. If nothing changes, the court won’t have made a decision before the election.
3. Who appoints Supreme Court Justices (choice of president) more important than ever. ... 8/
6. It’s also possible that a CERT is filed and this gets heard more quickly. I’m going to wait to describe that until legal approach is thought through.
7. @nicholas_bagley is a great ongoing source of legal analysis. 9/
That’s it for now. More if I learn more. /end