Today a three judge panel of the DC Circuit Court of Appeals ruled that subsidies to assist individuals in purchasing healthcare, if they qualify based on their income, are only intended to be dispersed to individuals who purchase a plan on an exchange that was created by their state. However, the Fourth Circuit Court of Appeals also ruled today that the subsidies were intended for individuals on a state or federally created exchange. Same issue – two different rulings could place this on the docket of the US Supreme Court next term or it could be heard before the entire DC Circuit Court where the decision would probably be the exact opposite of that handed down today by that court’s panel. Why? It’s called court packing.
Robert Leon Wilkins is the only D.C. Circuit nominee with a judicial record. Therefore, it is easy to make the case that he will be an activist on the D.C. Circuit Court because that is exactly what he has been on the D.C. District Court.
A vote yesterday to confirm Patricia Millett to the DC Circuit has already swayed that court to the left. However, President Obama and Senate Majority Leader Harry Reid are not satisfied with just a one vote majority for the left, they want two more radical nominees to be confirmed by week’s end!!