ACA Troofers Uncover Another Conspiracy

Above: the woman who pulls the strings

The WSJ editorial page has uncovered some VERY DISTURBING FACTS about the legal world:

During a week they hear oral arguments, the Justices typically hold a private conference on Friday morning in which they declare where they are leaning on the cases. Just in time for last week’s Friday conference, liberal scholar Abbe Gluck tried one more state’s rights gambit to pull Justice Kennedy to the side of the four liberals who clearly want to uphold the subsidies delivered through federal exchanges.

Ms. Gluck teaches at Yale, but she clerked for Justice Ruth Bader Ginsburg and knows well Justices Sonia Sotomayor and Elena Kagan . It’s clear from Wednesday’s oral argument that she heavily influenced all three, and it’s possible the Justices or their clerks urged her to give it one more try.

Think of all the terrifying implications:

• People who are not political conservatives might get nominated to the Supreme Court.
• Even more disturbing, these days some of these people might be women.
• These women may conspire to hire so-called “clerks” who might assist in writing and researching opinions be trained to spread liberal propaganda.
• Yale Law School might hire people who are not political conservatives.
• Even more disturbing, these days some of these people might be women.
• Some of these women might have clerked for other women.
• These Yale scholars might retroactively be able to form a coven with other women on the Supreme Court and teach them dangerous new things.
• And as a result of all this sorcery, Justices Ginsburg, Sotomayor and Kagan might reach the same conclusions about the merits of King v. Burwell that every single other person who is not a fanatical opponent of the ACA has reached.

Truly disturbing!  Hopefully, we can have some male justices who worked in the Reagan administration to render a more neutral, independent opinion.

And now, the punchline:

Nice try, but this one is too clever by half. The “clear notice” standard is intended to protect states from being unduly pressured by the feds, as they were under ObamaCare’s Medicaid gun-to-the-head. But in the matter of subsidies, there was no lack of notice. The states knew what their options were from the day the law was passed…

HAHAHAHAHAHAHAHA. It sure is remarkable that none of these states were able to discern this “clear notice” until Republicans needed a Hail Mary after their ad hoc constitutional challenge failed, and indeed with one possible exception said precisely the opposite contemporaneously. My guess is that Abbe Gluck was able to retroactively erase a whole bunch of statements from Republican governors from the historical record.