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Wednesday, October 01, 2014 7:34:20 PM
However - I assume that the avenues many of the attacks/cases and plaintiffs are taking is not to say the law is unconstituional (it likely is) -- but to show that the administration of such was improper by Treasury and or FHFA
Think the cases on the ACA and the issue re a state exchange subsidy
The plaintiffs there may win - and it may take going to the Supreme Court or stopping at the full DC circuit
But the end result will be a ruling on how the law was implemented or administered by the IRS or Executive etc
Many cases even at the SCOTUS level do not attack the law itself but the administration of the law
But I think to find a law passed by congress to be invalid on a constitutional basis requires the SCOTUS or maybe a plaintiff who wins and the GOV does not take that final appeal from a circuit court
a non attorney
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