Gitzo Loc: Indiana

Warning to all libs; the material in this article will make you weep! It may even give you a month long headache! It may even possibly make you "crazy"; But then again, if you're a lib, you're already crazy, right? So go ahead, read it and go crazy! (CrazyER, that is. )



Federal Court Takes Down Obamacare: Subsidies In Federal Exchange Are Illegal

Article by / Sarah Hurtubise


A federal court ruled Tuesday that Obamacare premium subsidies are illegal for all customers in the federal exchange — the vast majority of all the health care law’s enrollees.

The far-reaching, long-awaited ruling, Halbig v. Burwell, concerns the language of the health care law itself. The text of the Affordable Care Act stipulates that the law’s hallmark premium subsidies are available only to exchanges “established by the state.” The three-judge panel on the U.S. Court of Appeals for the D.C. Circuit has decided that the phrase stipulates that all 5.4 million Obamacare exchange customers in exchanges established by the federal government, not a state, cannot legally be given subsidies.

The plaintiff argued that the phrase “established by the state” was included intentionally by the health care law’s authors, in order to convince states to create their own health care exchanges.

When a whopping 36 states decided building an exchange wasn’t worth it, their customers should have become ineligible for premium subsidies. But the Internal Revenue Service issued its own belated rule that subsidies would also apply to exchanges set up by the federal government.

The case has disastrous consequences for Obamacare. While the health care exchanges have signed up 8 million customers, 5.4 million are in federal exchanges and no longer legally allowed subsidies. It’s highly unlikely that many customers will be able to afford hefty premiums without the premium tax credits they were promised. This leaves the Obama administration in a precarious legal position. Obamacare customers have been promised premium subsidies and many have been receiving them for months.

The case isn’t over yet. The Obama administration is requesting an en banc ruling from the full D.C. Circuit Court, which would require each of the judges on the court — not just the typical three-judge panel — to rule on the case. The case is likely to reach the Supreme Court.

But if the court’s ruling is upheld in the end, it could tear apart the health care law itself. Exchange enrollment will likely plummet in states that choose not to build their own exchanges, as the actual price of Obamacare health coverage is unaffordable for many sign-ups. And states will have their own incentive to continue not to build their own exchange — the unpopular employer mandate is tied to the availability of premium subsidies and will not apply to those states that continue to work with a federal exchange.

The case was brought on behalf of several business owners by the libertarian Competitive Enterprise Institute.

“The court’s ruling implements the Affordable Care Act the way it was actually written,” said CEI general counsel Sam Kazman. “It may not fix Obamacare as a whole, but it will likely force Congress and the administration to address at least some of Obamacare’s fundamental flaws, which have driven the real costs of health care in this country even higher.”


Comments;
I can see right now that we're going to be hearing a LOT more about this!

How Can This Be Happening? Don't They Know I Have A Phone & A Pen? Don't They Know I'm King?

dljen Loc: Central PA

And another court ruled opposite this court. Who wins? While you are so gleeful, the SCOTUS must decide.

wilpharm Loc: Oklahoma

going by SCOTUS trend ..I would think its another nail in the coffin for obamacare..guess we will just have to see..

dljen Loc: Central PA

Reince Preibus (sp) said that the repubs are going to have a new plan. Can't wait to see it!

wilpharm Loc: Oklahoma

first thing on Preibus agenda should be getting the senate flipped this fall…I think its doable…especially as fast as the state of our union is sinking...

dljen Loc: Central PA

That should be a no brainer if he's any kind of chairman. A president this unpopular on the opposition side should enable Preibus to get out the vote. If he can't do that, he should retire.

wilpharm Loc: Oklahoma

I think he is getting less popular on your side, also..

dljen Loc: Central PA

Reince has never been very popular. :XD:

wilpharm Loc: Oklahoma

dammit Donna, I was referring to your president!!!!! good try, though

dljen Loc: Central PA

:roll: :roll: :roll:

I thought you meant Priebs. :XD:

Gitzo Loc: Indiana

This post is a classic example of a "no brainer" talking about a "no brainer"!

BTW........I think you should go take a long walk on a short pier; if you can't do that, maybe you should go jump off of a cliff.

bvm Loc: Glendale, Arizona

BO's plans are old, failed plans, Marx, Lenin, Hitler, Castro just to name a few.

If you look at the French Revolution, they thought they'd get rid of the haves for the general good.

After a lot of bloodshed they still have a pretty bad system.

In fact all of these "progressive" nations have unrealistic programs which drain their country dry.

BO is trying his best to put us in the same situation.

Europe is now starting to see the damages of unbridled immigration policies. They are starting to wake up, while we are fast asleep at the wheel.

If for instance, the French didn't the Germans invading their country, how long do you think it will take for them to wake up to the muslim invasion.

It has already started, I think it's going to be really messy once the ball starts to roll.