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

ludin

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Fed appeals court panel says most Obamacare subsidies illegal

The ruling just came in and is a huge blow to the obama administration.
The 3 judge panel ruled that only people on state run exchanges qualified per the law.

This could pretty much end obamacare as we know if it the SCOTUS rules the same way.
the administration of course will appeal.
 
Well? Let's just add one more thing to the list of failures in that law.

what is interesting is that this came out of the DC court of appeals which is the one that obama was trying to stack because they were destroying him on just about everything.
i guess this stacking attempt didn't work.
 
The ruling makes sense given that the government used the definition of "state" to mean actual states so as to exclude US Territories from the law.

Can't say that "state" means a state on one hand and "state" to be "government" on the other.
 
Kill it, tear it up, and reform the former system to include the uninsured in a more equitable manner.

Drunk with power and an insatiable thirst to make the history books, this cast of socialist clowns completely botched this whole thing.

Healthcare quality has taken a step backward, and costs are soaring for millions who struggled already but don't qualify for subsidies. $100 co-pays and $5,000 deductibles aren't doable for most people.
 
Kill it, tear it up, and reform the former system to include the uninsured in a more equitable manner.

Drunk with power and an insatiable thirst to make the history books, this cast of socialist clowns completely botched this whole thing.

Healthcare quality has taken a step backward, and costs are soaring for millions who struggled already but don't qualify for subsidies. $100 co-pays and $5,000 deductibles aren't doable for most people.

If this ruling stands which many think it will then millions are going to have their subsidies go up even more.
however given that there are 0 subsidies to be given then they can get out of the law all together and so can their employer.

it would set 36 states free of obamacare.
 
what is interesting is that this came out of the DC court of appeals which is the one that obama was trying to stack because they were destroying him on just about everything.
i guess this stacking attempt didn't work.

This was only three judges. Lets see if there is a change when/if the full third circuit hears the case.
 
This was only three judges. Lets see if there is a change when/if the full third circuit hears the case.

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.
 
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.
 
Fed appeals court panel says most Obamacare subsidies illegal

The ruling just came in and is a huge blow to the obama administration.
The 3 judge panel ruled that only people on state run exchanges qualified per the law.

This could pretty much end obamacare as we know if it the SCOTUS rules the same way.
the administration of course will appeal.

How bad is it for Obama's folly? You can still require people to buy insurance.
 
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.
 
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."
 
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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 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?
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.
 
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.

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.


Did you even read the article you linked to?
The Obama administration is certain to ask the full U.S. Court of Appeals for the District of Columbia Circuit to reverse the panel's decision, which for now does not have the rule of law.
 
No worries...Obama has a pen and a phone
 
what is interesting is that this came out of the DC court of appeals which is the one that obama was trying to stack because they were destroying him on just about everything.
i guess this stacking attempt didn't work.
This decision came from a three judge panel, two of which were Republican nominees. It will almost certainly be referred to en banc review and be heard before the entire court. That's where the stacking will help out Obama and Co in deciding that the law is not what is written but what they wish had been written.
 
This decision came from a three judge panel, two of which were Republican nominees. It will almost certainly be referred to en banc review and be heard before the entire court. That's where the stacking will help out Obama and Co in deciding that the law is not what is written but what they wish had been written.

that can be appeal to the SCOTUS.
 
Fed appeals court panel says most Obamacare subsidies illegal

The ruling just came in and is a huge blow to the obama administration.
The 3 judge panel ruled that only people on state run exchanges qualified per the law.

This could pretty much end obamacare as we know if it the SCOTUS rules the same way.
the administration of course will appeal.

According to the way the law is written only state exchanges are authorized to issue subsidies. But this is in plain English and Lawyerese where shall not mean you will and you will means you won't.
 
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