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D.C. Circuit Decision Not Likely to Change Status Quo Any Time Soon
Timothy Jost in Health Affairs Forefront
July 23, 2014 "The judgment of the D.C. Circuit states 'that the judgment of the District Court appealed from in this cause is hereby reversed and the case is remanded with instructions to grant summary judgment to appellants and vacate the IRS Rule for the reasons in the accompanying opinion.' In fact, however, under the federal rules, this judgment is automatically put on hold until seven days after the expiration of the 45-day period the government has to request a rehearing by all eleven judges of the D. C. Circuit (plus the two senior judges who were on the panel). If the government requests such 'en banc' review (and it already has said that it will); one judge requests a vote on the request; and a majority of the judges grant the request, the entire court will likely set aside the three judge panel decision and rehear the case itself. This will likely take several months.... In the interim, the White House has announced that the federally facilitated exchanges will issue premium tax credits." MORE >> |
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