President Obama’s old liberal Harvard Law professor, Laurence Tribe, said that he “wouldn’t bet the family farm” on Obamacare’s surviving the legal challenges to an IRS rule about who is eligible for subsidies that are currently working their way through the federal courts.
“I don’t have a crystal ball,” Tribe told the Fiscal Times. “But I wouldn’t bet the family farm on this coming out in a way that preserves Obamacare.”
The IRS issued a regulation expanding the pool of enrollees who qualify for the subsidies. Opponents of the law, such as the Cato Institute’s Michael Cannon and Jonathan Adler, argue that the IRS does not have the authority to make that change. (Halbig v. Burwell, one of the lawsuits making this argument, is currently pending before the D.C. Circuit Court; the loser will likely appeal the decision to the Supreme Court.)
Only problem is the IRS has NO authority to change any tax law other than that given to it by the Congress. And who’s willing to grant it more authority with its email retention and targeting problems against conservatives?
While another federal district court stated an opposite opinion yesterday, it is likely the explicit intent of Congress, repeated in many drafts of the ACA and the insertion of the “State” clause by Dingy Harry Reid, might mean the death knell for Obamacare. Only confounding factor would be if the ultimate vote of SCOTUS hinges on Chief Justice John Roberts.
We have already seen he’s unreliable to be a constructionist of the Constitution, when he handed the Regime its victory on Obamacare in 2012. Will the Regime “get” to Roberts again?
Coin toss, please!