Wednesday, July 23, 2014

Partisanship & the Courts | National Catholic Reporter

Partisanship & the Courts | National Catholic Reporter by MSW.  MGB: If it were not for Republican blackmail in the Senate - and the lack of DC Senators, there would likely be no Republicans on the DC Circuit and certainly not enough of a majority on any panel that could have let this decision fly.  It will surely be reconsidered and therefore not rise to review by the SCOTUS (unless a more Republican Circuit, say the 5th, considers the issue).  It may get to the Court if there is not enough controlling law for the Circuits to use as precident.  Sadly, this case would not even exist (nor any potential cases on abortion) if the Republicans in Congress could proceed along tradition - which the Federalists venerated over liberty and equality but the Tea Party seems to have forgotten.  Corrective language on this issue and others, such as what is to be done when one worker in the household has insurance but does not cover the other spouse, who has a job that won't and a personal income that can't afford it, even though the combined income disqualifies any subsidy.  The judicial system may handle relief on errors to language, but only congressional action can fix subsidies in a divided marriage. While there is hope that few main stream Republicans were beaten in primaries, neither was there a wide-spread purge of sitting Tea Party reactionaries.  I would not advise holding ones breath until there is a change in the GOP.  Hopefully the general electorate will offer us relief.

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