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4th Circuit COA and dissent in Halbig are hilariously wrong about "intent"

Posted on 7/25/14 at 8:03 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98453 posts
Posted on 7/25/14 at 8:03 am
Watch Obamacare Architect Jonathan Gruber Admit in 2012 That Subsidies Were Limited to State-Run Exchanges

Here's the Youtube of the video in question:

LINK

Rex
This post was edited on 7/25/14 at 8:14 am
Posted by GumboPot
Member since Mar 2009
118636 posts
Posted on 7/25/14 at 8:16 am to
Obamacare architect:

quote:

What’s important to remember politically about this is if you're a state and you don’t set up an exchange, that means your citizens don't get their tax credits


BOOM!


Is this admissible in court?

The judges stated that the plaintiffs did not meet the burden of proof that the intent of the Obamacare architects was to limit subsidies to only states that ran their own exchanges. Could this be the smoking gun?
This post was edited on 7/25/14 at 8:19 am
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73414 posts
Posted on 7/25/14 at 8:18 am to
Rex will come along shortly and spin and twist this into something to marvel.
Posted by KeyserSoze999
Member since Dec 2009
10608 posts
Posted on 7/25/14 at 8:20 am to
they are really not suppose to question the "intent" anyways, thats just a lame excuse. They are suppose to rule based upon what was stated, nothing more nothing less. I know that doesn't mean they will treat it as such.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98453 posts
Posted on 7/25/14 at 8:23 am to
quote:

Is this admissible in court?


Sadly, it's too late to submit evidence. The Court can only consider the record on appeal.

Also, the first response from retards like Rex and his ilk will be that Gruber was not/is not in Congress; therefore, his statement cannot constitute intent of Congress.

Of course, there's this.
This post was edited on 7/25/14 at 8:24 am
Posted by GumboPot
Member since Mar 2009
118636 posts
Posted on 7/25/14 at 8:24 am to
1.) The words in the legislation plainly say that only Obmacare participants in states with state rune exchanges can receive subsidies. Check.

2.) Obamacare architect says on video "if you're a state and you don’t set up an exchange, that means your citizens don't get their tax credits" clearly explaining the intent of the law...you don't get subsidies unless your state has a state run exchange. Check.

Regardless of these plain to understand facts, the judges will rule in favor of the IRS.

OUR JUDICIAL SYSTEM IS frickED UP.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98453 posts
Posted on 7/25/14 at 8:26 am to
quote:

OUR ENTIRE GOVERNMENT IS frickED UP.


FIFY
Posted by bamarep
Member since Nov 2013
51794 posts
Posted on 7/25/14 at 8:33 am to
How in the hell would the architect know what his intent was? He's going to be told what his intent was and he's going to like it.
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 7/25/14 at 8:38 am to
quote:

Also, the first response from retards like Rex and his ilk will be that Gruber was not/is not in Congress; therefore, his statement cannot constitute intent of Congress.


You don't have to be one of Rex or his ilk to know that the intent of Congress, if it is expressed, is usually contained in the Congressional record. If it's not in the record or said directly by a Congressman, it doesn't matter.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48294 posts
Posted on 7/25/14 at 8:40 am to
And intent is only supposed to come into play when the wording of the law is vague, unclear, or ambiguous.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51461 posts
Posted on 7/25/14 at 8:41 am to
quote:

Also, the first response from retards like Rex and his ilk will be that Gruber was not/is not in Congress;


It will be "there was more than just one architect".
Posted by GumboPot
Member since Mar 2009
118636 posts
Posted on 7/25/14 at 8:41 am to
You know, if this were a case between smaller parties where the consequences weren't $36 billion in subsidies and Obama's political legacy was not at stake, I believe ALL legal minds from the entire political spectrum would say this is a slam dunk case for the plaintiff.

But the stakes are entirely too high and many cocktail parties will be missed if the judges rule in favor of the plaintiffs.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 7/25/14 at 8:45 am to
For those that want to hear it, it's at the 32:05 mark in the video.



Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 7/25/14 at 8:47 am to
quote:

And intent is only supposed to come into play when the wording of the law is vague, unclear, or ambiguous.


And, if you really want to get technical, legislative intent only really matters if you think its a proper tool of legislative interpretation. At least three judges on the current Supreme Court think it is not.

Scalia would look at this video and laugh in OPs face for even suggesting that it should be considered. The majority would examine legislative intent as described in actual statements by Congressman and the record. Scalia would dissent, Thomas would silently concur in the dissent, and Justice Roberts would file a brief concurrence suggesting that they review their statutory interpretation jurisprudence.

OP clearly has no idea how this works.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98453 posts
Posted on 7/25/14 at 8:48 am to
quote:

And intent is only supposed to come into play when the wording of the law is vague, unclear, or ambiguous.


DING!

And, it's not ambiguous.

State Exchanges are in a completely separate section of the law from "federal" exchanges. Moreover, "States" are separately defined from the "United States" in 42 USC (and other parts of the US Code).
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 7/25/14 at 8:51 am to
quote:

You don't have to be one of Rex or his ilk to know that the intent of Congress, if it is expressed, is usually contained in the Congressional record. If it's not in the record or said directly by a Congressman, it doesn't matter.


Not according to the Fourth Circuit (and Po Lil' Ole Lame Rexy). They felt that they could infer intent.

The problem with this steaming pile of a clusterf*ck of a bill is that everything was done behind closed doors. As Lil Nancy the C*nt said -- you have to pass it to find out what's in it.

So, there is no official Congressional intent. But, that will not stop biased and politicized judges from "finding" it because it's all politics to them.

Can't wait for Lil' Ruthie's dissent! With every word, you'll be able to see her actually crying like the little biased c*nt that she is.
This post was edited on 7/25/14 at 9:04 am
Posted by 90proofprofessional
Member since Mar 2004
24445 posts
Posted on 7/25/14 at 9:03 am to
Oh damn!

Calling that guy an "architect" of the law is not hyperbole. He is a prestigious health economist with a prestigious school and helped design the damn thing. He is absolutely qualified to speak as to the policy intent (not that the words are even unclear), and what he says is motherfricking direct.

Halbig was 100% right, confirmed.
This post was edited on 7/25/14 at 9:06 am
Posted by Rex
Here, there, and nowhere
Member since Sep 2004
66001 posts
Posted on 7/25/14 at 9:04 am to
Gruber had very little to do with crafting the ACA, except with initial mathematical theorization. There is no evidence that Congress intended to treat citizens in different states differently, and much evidence within the statutes, themselves, that subsidies would be available to everyone. Also, the congessmen,THEMSELVES, who crafted the law submitted briefs to the district courts making crystal clear what their intent was.
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 7/25/14 at 9:09 am to
quote:

Gruber had very little to do with crafting the ACA, except with initial mathematical theorization. There is no evidence that Congress intended to treat citizens in different states differently, and much evidence within the statutes, themselves, that subsidies would be available to everyone. Also, the congessmen,THEMSELVES, who crafted the law submitted briefs to the district courts making crystal clear what their intent was.






PATHETIC -- even by YOUR low standards!


quote:

There is no evidence that Congress intended to treat citizens in different states differently


The "intent" is right there -- IN THE F*CKING WORDING OF THE STATUTE. It's clear to anyone who isn't a complete f*cking Kool-Aid drinking pathetic partisan hack.


quote:

Also, the congessmen,THEMSELVES, who crafted the law submitted briefs to the district courts making crystal clear what their intent was.


The fact that you think any Congressman was actually involved in drafting this steaming pile of dogsh!t shows how f*cking stupid you are. And, just LIKE YOU, those f*ckers are LYING because they realized later that the whole system would implode when they couldn't extort enough states to establish their own STATE EXCHANGES. NANCY PELOSI ADMITTED THAT THEY DIDN'T EVEN READ THE F*CKER.

Have you no shame?

This post was edited on 7/25/14 at 9:16 am
Posted by LSUgusto
Member since May 2005
19222 posts
Posted on 7/25/14 at 9:11 am to
quote:

Halbig was 100% right, confirmed.
Won't see that clip on the evening news.
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