A Rigged Judicial Game

Posted in Weekly Newsletter on by .

obamacare ahead warning conceptual postPremature celebration greeted the three-judge panel of a federal appeals court ruling, in July, that Obamacare subsidies are unlawful in states without their own insurance exchanges.

Those who noticed that the administration immediately petitioned for review by the entire U.S. Court of Appeals for the District of Columbia Circuit knew the game was to run the clock while Obamacare’s poisonous roots burrow deeper into the U.S. health care system.

Last Thursday the court performed as expected, accepting the case for en banc review. It’s a lesson for everyone who complains about “gridlock” and the supposed inability of the federal government to “get anything done.”

Twelve judges sit on the D.C. appellate bench. One received his lifetime appointment from Jimmy Carter, one from George H. W. Bush, three each from Bill Clinton and George W. Bush, and four from Barack Hussein Obama. Twelve judges, eight appointed by Democrats personifying expansionist government.

Just 16 months ago, the D.C. Circuit had only eight—arguably underworked—judges. But four were appointed by presidents of either party, the court had repeatedly thwarted the Obama Environmental Protection Agency and others attempting lawmaking through the bureaucracy, and this wouldn’t do.

Harry Reid blew up the U.S. Senate’s filibuster rule specifically to allow the Obama administration to pack the court with leftists and vitiate its restraint on government by fiat.  Between spring 2013 and January 2014, four brand-new Obama appointees ascended the bench.

It will be astounding if the full court doesn’t restore the Obamacare subsidies, delivering a costly lesson in the value of gridlock, and of retaining the right to elect judges at the state level where, no thanks to liberal media busybodies, we still can.

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