Ezra very much doubts SCOTUS will uphold the decision:
For Halbig to unwind Obamacare the Supreme Court would ultimately have to rule in the plaintiff’s favor. And they’re not going to do that. By the time SCOTUS even could rule on Halbig the law will have been in place for years. The Court simply isn’t going to rip insurance from tens of millions of people due to an uncharitable interpretation of congressional grammar.
For five unelected, Republican-appointed judges to cause that much disruption and pain would put the Court at the center of national politics in 2015 and beyond. It would be a disaster for the institution. Imagine when the first articles come out recounting the story of someone who lost their insurance due to the SCOTUS ruling and then died because they couldn’t afford their diabetes or cancer treatment. Imagine when every single Democrat who had any hand at all in authoring the law says the Court is completely wrong about what the law meant. Imagine when every single Democrat runs against the Court.
Yglesias isn’t so sure:
[A] decision by the Supreme Court to overturn Halbig would entail a substantial act of ideological apostasy by one or more justices. Apostasy isn’t impossible. Justices Roberts committed a major betrayal by voting to uphold the Affordable Care Act’s individual mandate, and Justices Kagan and Breyer committed one in the opposite direction (perhaps as part of a deal) to strike down some of its Medicaid clauses.
But acts of apostasy are psychologically, socially, and professionally difficult. It would be a mistake to simply assume Roberts will commit another one. And it would be an even bigger mistake for liberals to draw excessively broad conclusions from their own media diet. On the right, Halbig is broadly considered good law and five of the nine Justices side with the right most of the time.
But Allahpundit finds it “hard to believe Roberts would have waved ObamaCare through when he had a shot to kill the law before it began only to blow it up five years later, after the country’s insurance system has been overhauled”:
Even the D.C. Circuit, despite having mustered the courage to rule as it did yesterday, said that it issued its ruling “reluctantly,” knowing that it would mean pulling the rug out from under millions of people who were counting on subsidies to reduce the cost of their new insurance. If the politics of undoing subsidies are that hot now, just nine months after ObamaCare went into effect, how much hotter will they be three years from now, when people have grown dependent on them? That was Ted Cruz’s whole point in pushing “defund,” in fact — that the law had to be stopped before it took effect because dependency would prevent it from being undone afterward.
In Arkansas, where Republican Rep. Tom Cotton is running a tight race against the Democratic incumbent Sen. Mark Pryor, 40,000 people have paid premiums for health insurance on the federal exchange. If Halbig went into effect today, about 34,000 of those Arkansans would face huge increases in their premiums, given a national average increase of 76 percent, according to one study. That’s an unlikely outcome, but it shouldn’t (and likely won’t) stop Pryor from hitting Cotton as hostile to middle-class families and anyone else who needs health insurance.
I wouldn’t be so sure it works out that way. If tax credits suddenly get withdrawn and people have to pay a larger share of their premiums as a result, red-state Democrats probably will blame Republicans for causing the mess. But Tom Cotton neither wrote the flawed legislation, nor recklessly sent out tax credits in violation of it, nor filed the lawsuit against it. Wouldn’t he just parry by saying, “Obamacare has caused mess after mess”? Arkansas voters—who still dislike Obamacare—might well accept that version of events.
When Obamacare has run into difficulties before, its proponents have tried to blame those difficulties on Republican sabotage. The program would be working better, they have said, if Republicans had set up exchanges in the states or expanded Medicaid. None of that seemed to work beyond the liberal base. Maybe it wouldn’t work this time either.
Earlier Dish on Halbig here.