Dirty Harry's hypocritical killing of the filibuster helped stack federal courts with liberal partisans.
Don’t expect the Halbig decision in the DC Circuit Court overturning Obamacare subsidies to be affirmed when the en banc court considers it.
A few months ago I wrote “Obama and the Democrats Plot to Control America” regarding the myriad ways that the Democrats have planned to extend tier agenda and the effects of their rule beyond-way beyond-the end of the Obama presidency.
Among the moves made by them was Senate Majority Leader Harry Reid’s abolition of the filibuster regarding the confirmation of federal judges (who have lifetime tenure) below the Supreme Court. When Republicans have been the majority in the Senate Harry Reid, Senator Barack Obama and others attacked the very idea of abolishing the filibuster. However, when they achieved power and saw a chance to extend their baleful legacies they triggered the nuclear option and destroyed what they once held to be a scared shield against abuse of majority power, that very same filibuster. The D.C. Circuit Court of Appeals was a prime target since it has a unique role in ruling on decisions involving federal agencies and the regulations they impose.
Now the fruits of their handiwork may play out to protect Obamacare in the aftermath of the Halbig case that held the IRS was wrong in deciding the Obamacare legislation allowed subsidies to be given to people who bought insurance through the federal exchanges.
Ian Tuttle writes in National Review’s “Halbig Goes Nuclear”:
Halbig v. Burwell is far from over. The Obama administration has already announced its intention to ask the D.C. Circuit Court of Appeals for an en banc hearing, after a three-judge panel ruled today to uphold the original wording of the Patient Protection and Affordable Care Act (ACA).
If the court accepts, the full eleven-judge bench will be tasked with deciding whether to endorse or to reject the panel’s decision. But the possibility of en banc endorsement is slim — thanks to Harry Reid.
Reid’s decision last November to invoke the “nuclear option,” thereby reducing the number of votes required to end a filibuster from 60 to a simple majority, 51, allowed Senate Democrats to break the Republican filibuster against, and confirm the nominations of, three judicial nominees appointed by President Obama. Those appointees — Patricia Millett, Cornelia Thayer Livingston “Nina” Pillard, and Robert Leon Wilkins — now sit on the D.C. Circuit Court of Appeals, where they are likely to cast the deciding votes to overturn Halbig’s panel ruling.
Tuttle outlines the liberal, if not radical, record of the judges appointed and confirmed after Reid abolished the filibuster and concludes:
Without the confirmation of Millett, Pillard, and Wilkins, the D.C. Circuit Court boasted an even partisan split: four Republicans, four Democrats. But Harry Reid’s nuclear November has all but guaranteed that the circuit court will come to Obamacare’s rescue.
The federal courts have increasingly become stacked with liberal judges who have wide leeway to “interpret” the law to promote their political agendas.
Also see “Now Obama’s Court Strategy may help save Obamacare” by Josh Gerstein at Politico
Abolishing Democratic control of the Senate is crucially important in the years ahead as moderate judges retire and holes open up in the federal judiciary that Obama and Reid will fill if they continue to hold power and hold the Senate