Thursday, September 04, 2014

DC Circuit will hear Obamacare "defunding" case en banc, vacates earlier ruling, disavows partisanship

The District of Columbia Circuit has withdrawn or vacated an earlier ruling effectively “defunding” Obamacare (indirectly, through tax breaks for those who use state exchanges), and will hear the case en banc, according to a breaking story by Ian Millhiser on Think Progress, link here.  Millhiser offers considerable analysis as to how the federal circuit wants to look less partisan, and wants to make sure that the Supreme Court doesn’t want to be goaded into taking a case that is essentially a partisan dispute among circuits.   That’s interesting, since the DC Circuit has often regarded itself as the “baby Supreme Court”, especially in intellectual property areas like patent and trademark. 
Vox also tweeted about the matter, with the most direct cardstack link here

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