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Judges in health care rulings vote party line

WASHINGTON (AP) — In rapid succession, six federal judges on two appeals courts weighed in on a key component of President Barack Obama’s health care law. Their votes lined up precisely with the party of the president who appointed them.

It was the latest illustration that presidents help shape their legacies by stocking the federal bench with judges whose views are more likely to align with their own.

The legal drama played out Tuesday in Washington, D.C., and Richmond, Virginia, on two appeals courts that Obama has transformed through 10 appointments in 5½ years.

In the first ruling, a divided three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia called into question the subsidies that help millions of low- and middle-income people afford their health care premiums, saying financial aid can be provided only in states that have set up their own insurance markets, or exchanges. Two judges nominated by Republican presidents formed the majority over a dissent from a Democratic appointee.

Less than two hours later, a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond made up entirely of Democratic appointees unanimously came to the opposite conclusion, ruling that the Internal Revenue Service correctly interpreted the will of Congress when it issued regulations allowing health insurance tax credits for consumers in all 50 states.

Whatever the final outcome of the legal fight, White House spokesman Josh Earnest said nothing would change in the near term. Millions of consumers will keep getting financial aid for their premiums, totaling billions of dollars, as the administration appeals the Washington court ruling, Earnest said.

The next stop for the administration is to ask the full court in Washington to hear the case. This is where Obama’s appointments could come into play. The president has named four of the 11 full-time judges on the court, turning what had been a Republican edge into a 7-4 advantage for Democratic appointees.

In Richmond, Obama has named six judges since taking office in 2009, with another nomination pending to a court formerly among the nation’s most conservative. It is unlikely that the businesses challenging the IRS regulations will take their case to the full 4th Circuit.

It’s no accident when judges tend to vote with the interests of the political party of the president who named them, said law professor Richard Hasen of the University of California at Irvine. “Judges are not chosen at random,” he said, noting that both parties put a lot of effort into identifying lawyers for life-tenured judgeships who are likely to reflect their interests.

Looking at the prospect at review of Tuesday’s ruling by the full court in Washington, “Democrats are much more relaxed than they otherwise might be,” Hasen said.

Tuesday’s decisions are part of a long-running political and legal campaign to overturn Obama’s signature domestic legislation by Republicans and other opponents of the law.

The two judges who accepted the challengers’ argument are Thomas Griffith and Raymond Randolph, named by Presidents George W. Bush and George H.W. Bush, respectively.

Of the four judges who sided with the administration, Andre Davis and Stephanie Thacker were appointed by Obama, Roger Gregory was originally put on the bench by President Bill Clinton and Harry Edwards was a nominee of President Jimmy Carter.

The provision of the health law at issue “unambiguously” restricts subsides to consumers in exchanges established by states, Griffith wrote for the Washington court, joined by Randolph. Looking at the same language and legal arguments, “we find that the applicable statutory language is ambiguous and subject to multiple interpretations,” Gregory wrote for the Richmond panel.

Whether this issue ever gets in front of the Supreme Court could rest on the outcome of the administration’s appeal to the full Washington court. A loss for the administration would present the court with conflicting appellate rulings, which often catch the justices’ attention, especially when a federal law or regulation is at stake.

If the Supreme Court gets involved in the subsidies issue, a decision probably would not come before late June of next year and could push into the court’s next term.

As with the lower courts that ruled Tuesday, party affiliation and ideology also align on the Supreme Court. Republican presidents appointed the court’s five more conservative justices and Democrats appointed the four liberals.

The high court’s consideration of earlier challenges to the health care law shows the sharp split but also demonstrates that a judge’s party affiliation is no guarantee of a particular outcome in any case.

In June, the court ruled 5-4, with its conservative justices in the majority, that some private companies don’t have to cover birth control if it offends religious scruples.

But in its monumental ruling in 2012, Chief Justice John Roberts broke with his fellow conservatives to cast the decisive vote to uphold the law’s core requirement that most Americans carry health insurance or face fines.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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