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re: Obamacare Appeal --- Jonathan Gruber doing more work
Posted on 11/16/14 at 8:37 am to FalseProphet
Posted on 11/16/14 at 8:37 am to FalseProphet
quote:The states will argue exchange subsidies were designed as tools of Federal coercement.
but the federal rules of evidence limit what a judge can take judicial notice of. The Gruber videos would not fit in there.
The Feds will claim their design was nothing more than accidental typos.
Gruber was heavily involved in design and analysis of the ACA. So you are saying that when the Feds' arguments fall 100% antithetical to Gruber's attestations, SCOTUS justices will not consider that fact? You feel it will have no influence privately or publicly on their impressions?
I find that an incredible supposition.
There is another angle though IMO.
Roberts twisted his ACA ruling based on the thought that SCOTUS should minimize interference with the electorate. 2012 was coming up. If We the People did not want Obamacare, We the People had a remedy in the next election. However, that belief was predicated on We the People having facts fairly at our disposal to make an informed decision. Again, Gruber makes it clear We the People were maliciously duped.
If you think that concept will not enter into Spring conversations in Robert's chambers, I'd have to believe you're naive. Will it be explicitly stated as such in the final ruling? Probably not.
Posted on 11/16/14 at 11:18 am to NC_Tigah
Did you even read what I typed? I never said they wouldn't consider it, I only pointed out that the rules of evidence don't allow them to.
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