As well, this article from the director of the Congressional Beancounting Office…
CBO director: ObamaCare funds were assumed to be for all states.
TL:DR - The CBO “scoring” of Ocare, the whole breakdown of costs, etc. implicitly assumed federal subsidies, otherwise, the numbers would have made no sense. One interpretation matches the numbers, the plaintiffs interpretation is wildly different. So, interpreting the “problem” as nothing more than a typo is affirmed by the numerical information Congress was given, whereas the plaintiff’s interpretation contradicts those numbers.
A blockbuster new report out of the New York Times this morning gets the Dem and GOP drafters of the ACA on the record; they all say effectively the same thing: King v. Burwell is nonsense.
Presumably the justices’ votes are certain by now and they are just polishing the decision. The media are already eagerly salivating in anticipation.
Per SCOTUSBlog, orders and/or opinions are anticipated only on Mondays through the end of June.
A quick look at the stats for how many opinions each justice has authored so far this term, Kennedy and Thomas have authored the fewest at 3 each. If I count right, Breyer (8), Alito (7), Sotomayor (5), Ginsburg (5), Scalia (5) and Kagan (5) have the most. Roberts has 4.
Best hope for the pro-PPACA side is probably an opinion written by Kennedy or Roberts. Still several opinions to come on a variety of cases.
Roberts really needs to be looking at his legacy, here. A vote against the government on such stupid and strained grounds will destroy the legitimacy of his court. It will become a laughing stock.
The SCOTUS often issues narrowly tailored rulings. In this case the reasoning they use will likely be cited in future cases of statutory interpretation on issues totally unrelated to health care.
So “polishing” can be a balancing act, coming up with language broad enough, or narrow enough, to still maintain a majority while not leading the way to undesired problems in the future.
A justice might write a concurring or dissenting opinion if he/she thinks the ruling goes too far or not far enough in respect to some issue.
Here’s another bit of required reading that explains how the relentless work of TWO rightwing zealots - Michael Cannon (the proud founder of the “Anti-Universal Coverage Club”) & Jonathan Adler - managed to vertically integrate their meritless lawsuit into the rightwing consciousness.
Apologize for what? People lost their insurance, tens of millions of the healthiest consumers are staying out of the markets due to a weak mandate and no desire to participate, and premiums don’t reflect the true cost of the patient base until next year’s premiums are announced.
You’re spiking the ball at the 50-yard line. Oh, and the law remains as unpopular as ever, and Democrats remain in the minority in Congress, with a good chance of losing the Presidency as well, in part due to ACA.