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Thread: Federal Court rules Most obamacare subsidies Illegal[W:286]

  1. #11
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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by bubbabgone View Post
    An Executive Order will make things right again.
    One that says the United States is in essence one big State.
    And then I betcha any number of commentators & posters here will agree.
    no way can he do that. in fact the appeals court already addressed that. I am looking at their ruling right now.

    We conclude that appellants have the better of the
    argument: a federal Exchange is not an “Exchange established
    by the State,” and section 36B does not authorize the IRS to
    provide tax credits for insurance purchased on federal
    Exchanges.

    The government tried to argue that the federal exchange was setup as part of the state. this court followed the law saying that the federal government is not a state.
    which invalidated the IRS ruling which basically killed obamacare mandates in 36 states as of right now.

    the IRS took a huge broad interpritation of the law. one that wasn't written anywhere.
    Man these guys hit this on the head. there is no ideology on this. it is straight up and down legally disqualification of the subsidies.


    this is what i say garbage in garbage out. the federal government wrote a bad bill and it is coming back to haunt them.

    next time they might read it before the pass it.

    as the court ruled there is a direct distinction between State exchanges and federal exchanges and the subsidies were an incentive to get the states to create the exchange and that the federal exchange cannot represent a state in anyway.

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    In the Daily Press breifing they just said they will ignore the ruling (though im sure it was spun to sound as if they werent).

    White House spokesman Josh Earnest said the ruling—for now—"does not have any practical impact" on premium subsidies issued to HealthCare.gov enrollees now. "

    "We are confident" that the ruling will be overturned, Earnest said. "We are confident in the legal position we have . . . the Department of Justice will litigate these claims through the federal court system."
    Last edited by jonny5; 07-22-14 at 12:35 PM.

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Obamacare.... death by a thousand cuts. Let's hope it has a nice slow death so something better can be offered, vetted and debated by both political sides rather than rammed down the throats of the American people by one political side who could care less about bi-partisanship or the American people.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    I have to say its a bit worrying that the court states

    Section 36B plainly makes subsidies available in the Exchanges established by states," wrote Senior Circuit Judge Raymond Randolph in his majority opinion, where he was joined by Judge Thomas Griffith.

    "We reach this conclusion, frankly, with reluctance. At least until states that wish to can set up their own Exchanges, our ruling will likely have significant consequences both for millions of individuals receiving tax credits through federal Exchanges and for health insurance markets more broadly."

    In his dissent, Judge Harry Edwards, who called the case a "not-so-veiled attempt to gut" Obamacare, wrote that the judgment of the majority "portends disastrous consequences."
    They obviously have their own agenda, and couldnt find away around it. Shouldnt they be impartial?

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by joG View Post
    How bad is it for Obama's folly? You can still require people to buy insurance.
    no they can't. the requirement was only for where subsidies were available.

    the court addressed that as well in their briefing.

    If credits were unavailable
    in states with federal Exchanges, employers there would face
    no penalties for failing to offer coverage. The IRS Rule has
    the opposite effect: by allowing credits in such states, it
    exposes employers there to penalties and thereby gives the
    employer mandate broader reach

    id. 5000A(e)(1)(A)-(B). By some estimates, credits will
    determine on which side of the eight-percent threshold
    millions of individuals fall. See Br. of Economic Scholars in
    Support of Appellees 18. Thus, by making tax credits
    available in the 36 states with federal Exchanges, the IRS
    Rule significantly increases the number of people who must
    purchase health insurance or face a penalty

    many people and businesses would not have to buy insurance or face a penalty.

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by ludin View Post
    no way can he do that.
    in fact the appeals court already addressed that. I am looking at their ruling right now.

    We conclude that appellants have the better of the
    argument: a federal Exchange is not an “Exchange established
    by the State,” and section 36B does not authorize the IRS to
    provide tax credits for insurance purchased on federal
    Exchanges.

    The government tried to argue that the federal exchange was setup as part of the state. this court followed the law saying that the federal government is not a state.
    which invalidated the IRS ruling which basically killed obamacare mandates in 36 states as of right now.

    the IRS took a huge broad interpritation of the law. one that wasn't written anywhere.
    Man these guys hit this on the head. there is no ideology on this. it is straight up and down legally disqualification of the subsidies.


    this is what i say garbage in garbage out. the federal government wrote a bad bill and it is coming back to haunt them.

    next time they might read it before the pass it.

    as the court ruled there is a direct distinction between State exchanges and federal exchanges and the subsidies were an incentive to get the states to create the exchange and that the federal exchange cannot represent a state in anyway.
    You know that and I know that but if he fails in Court I wouldn't put it passed the guy.
    He's had his IRS act on it and it got shot down and he's changed the Law by E.O. already.
    The man is driven to an insane degree ideologically ... but not so Constitutionally.

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by ludin View Post
    that is neither here or there that is the ruling that they passed down. the administration can appeal to full court or they can appeal to the SCOTUS.
    not sure which one they are goign to do, but the current ruling is that the subsidies based on the law as written is illegal.

    i guess this is why you should read something before you pass it.
    I understand. But the administration will probably try the full court before going to SCOTUS. Two bites at the apple are better than one.

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by jonny5 View Post
    In the Daily Press breifing they just said they will ignore the ruling (though im sure it was spun to sound as if they werent).
    They can't ignore a court ruling. they have to appeal it. now the court can stay it's ruling depending appeal, but the IRS nor obama can ignore a court ruling.
    if they do that is concept and he can be held on impeachment.

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by washunut View Post
    I understand. But the administration will probably try the full court before going to SCOTUS. Two bites at the apple are better than one.
    it doesn't matter that hasn't happened yet. if it does fine. if it doesn't then it doesn't. currently as of this ruling spending a stay and appeal the subsidies are illegal.
    that their is a huge difference in the language of the bill.

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    re: Federal Court rules Most obamacare subsidies Illegal[W:286]

    Quote Originally Posted by bubbabgone View Post
    You know that and I know that but if he fails in Court I wouldn't put it passed the guy.
    He's had his IRS act on it and it got shot down and he's changed the Law by E.O. already.
    The man is driven to an insane degree ideologically ... but not so Constitutionally.
    he can try but even he can't change the wording in law like that and i am sure if he tried it would be challanged in court again and they should shoot him down again.
    2 years can't come soon enough to get this fool out of office.

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