BREAKING: D.C. Circuit to re-hear case that threw out ObamaCare subsidies

By Dan Calabrese —— Bio and Archives September 4, 2014

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No details yet, but Zoe Tillman of the National Law Journal has tweeted that the U.S. Circuit Court for the D.C. Circuit will rehear that Halbig case in which the original ruling of a three-judge panel threw out ObamaCare subsidies in states that do not have their own state-run exchanges.

To review: The argument was that the language of the law only allows subsidies for those who buy their ObamaCare policies via a state-run exchange, and only 14 states set up the exchanges. That would mean that people in 36 states would be ineligible for subsidies, and if that happens, ObamaCare essentially collapses. We told you in July that it was possible the full court could re-hear the case and overturn the ruling, and very possible it is, as this court has been stacked with Democrat judges via the malevolent legislative maneuverings of our good friend Harry Reid. The three-judge panel that issue the original 2-1 ruling consisted of two George W. Bush appointees, but when the full court re-hears the case, I'd say it's highly unlikely we get the same result - although you never know. But even if that's the case, the likelihood is that this ends up at the Supreme Court, so this is just another step in the process.