Allahpundit asks: Which way will Roberts go on this?
I am not so sure I agree with all of Allahpundit's analysis. While I do not have a huge amount of faith of the Chief Justice being the swing vote to gut Obamacare, I would not dismiss it out of hand. Given John Robert's opinion on the last Supreme Court Obamacare challenge, I could see the possibility of him applying a strict construction standard* and going the other way on this case (and Jonathan Alder at Volokh sees the possibility of the Court reaffirming the principal that IRS lacks the authority to authorize such tax credits where Congress failed to do so). Here's for hoping, anyway.
Update:
Reason: Obamacare back on trial
Instapundit: Don't chicken out Chief Justice!
Instapundit: Don't wimp out either!
*in reading and applying a statute as it is written.
Just to be clear, SCOTUS took the case from the 4th Cir (King) that upheld subsidies, not the DC Cir Halbig case that struck them down.
— Dan McLaughlin (@baseballcrank) November 7, 2014
We'll see what, if anything, the Choom Gang has on him.
ReplyDeleteIf not, he may well revert, sensing a considerable shift in the wind.