In the last few days, there have been two interesting court decisions that are worth noting:
First, in the Second Circuit Court of Appeals, a stay was issued preventing enforcement of the order that limited the "stop and frisk" program of the New York Police Department. In a rather unusual move, the appeals court removed the trial judge for violating the rules of judicial ethics. While this is not a final decision, it certainly seems likely that the decision that found the stop and frisk program improper will be overturned. Of course, if Bill DiBlasio wins the mayoral election as expected on Tuesday, he will probably drop the city's appeal and the whole program will go into limbo.
Second, the DC Circuit Court of Appeals decided today issued held that the federal government could not order individuals to provide employees with birth control or abortion coverage if such items were against the religion of the employer. This result is in line with some other decisions on the point and contrary to some others. With the split among the circuits clear, the Supreme Court will undoubtedly have to step in to decide the matter.
The next big decision coming down the pike is in a case that could bring down Obamacare even if it survives all of its current problems. That case basically seeks to have the courts enforce the law as written rather than in the way that the administration would like to have seen it written. The Obamacare statute clearly states that subsidies can be given to people buying insurance policies only on state run exchanges. That language excludes from coverage all those exchanges run by the federal government. If the law is enforced as written, something like two thirds of American will live in states where all subsidies are blocked. It would be the deathknell for Obamacare.
First, in the Second Circuit Court of Appeals, a stay was issued preventing enforcement of the order that limited the "stop and frisk" program of the New York Police Department. In a rather unusual move, the appeals court removed the trial judge for violating the rules of judicial ethics. While this is not a final decision, it certainly seems likely that the decision that found the stop and frisk program improper will be overturned. Of course, if Bill DiBlasio wins the mayoral election as expected on Tuesday, he will probably drop the city's appeal and the whole program will go into limbo.
Second, the DC Circuit Court of Appeals decided today issued held that the federal government could not order individuals to provide employees with birth control or abortion coverage if such items were against the religion of the employer. This result is in line with some other decisions on the point and contrary to some others. With the split among the circuits clear, the Supreme Court will undoubtedly have to step in to decide the matter.
The next big decision coming down the pike is in a case that could bring down Obamacare even if it survives all of its current problems. That case basically seeks to have the courts enforce the law as written rather than in the way that the administration would like to have seen it written. The Obamacare statute clearly states that subsidies can be given to people buying insurance policies only on state run exchanges. That language excludes from coverage all those exchanges run by the federal government. If the law is enforced as written, something like two thirds of American will live in states where all subsidies are blocked. It would be the deathknell for Obamacare.
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