The two judges in the majority did not affirm the entire ruling all at once. They did not want the Supreme Court to decide the appeal during the 2020 election. See Sun Sentinel Editorial, Obamacare Ruling Deserves to Take Center Stage in Presidential Election, ORLANDO SENTINEL, Sat., Dec. 28, 2019, p. A10 (the Orlando Sentinel may charge you for online access).
The people in power who are against health care are a minority, including the 17 States that brought this case in a Texas court. They want to stay in power and they are happy to rely on judicial activism for that, just not yet so that they do not get blamed.
Talk about the tail wagging the dog. To the point of this particular decision, they will be happy to have the court delete health care entirely. Again, just not yet. "Make no mistake: [They] want the court to trash Obamacare, but not in time for the voters to hold it against them in November. And no matter the potentially drastic, even deadly, consequences for everyone who depends on its coverage. That's nearly everyone in America ...." Sun Sentinel Editorial, Obamacare Ruling Deserves to Take Center Stage in Presidential Election, ORLANDO SENTINEL, Sat., Dec. 28, 2019, p. A10 (again, online access may be charged by the Orlando Sentinel).
Now we can understand the Fifth Circuit panel's 2-to-1 decision to affirm one ruling and remand the case back for more of the same. The two judges are playing politics, simple as that really. Sometimes the answers that are right in front of our eyes are the hardest to see.
Best wishes, and hopes and prayers, for less judicial activism and better decisions by courts in 2020. Happy New Year!
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