Supreme Court will once again decide on survival of ObamaCare

Coach is Right ^ | 6/12/15 | Doug Book

[Oldpuppymax]

On November 11 of 2014, the Supreme Court granted cert to hear King v Burwell, a suit filed to prevent the Internal Revenue Service usurping the role and authority of Congress by re-writing the Affordable Care Act (ACA).

The Affordable Care Act provides tax credits and subsidies for the purchase of health insurance through exchanges that are run by “a governmental agency or nonprofit entity that is established by a state.” Currently, 34 states have refused to build an ObamaCare Exchange and of the 16 (plus the District of Columbia) which did cobble together an exchange, 13 are still in operation. However, half are in desperate financial straits as witnessed by Hawaii which will close its exchange in September.

But although the ACA made provision for recalcitrant governors and state legislators by permitting the federal government to build exchanges within their borders, it did NOT allow for federally run exchanges to provide the subsidies and tax credits without which healthcare plans would be unaffordable for a majority of businesses and individuals.

It is Section 1311 of ObamaCare which allows for providing tax credits or subsidies to certain people who purchased qualified health plans “through AN EXCHANGE ESTABLISHED BY THE STATE.” Section 1321 – the section which regulates federally run exchanges – makes it clear that neither tax credits nor subsidies may be offered through exchanges established by the federal government.

Quite simply:

“Congress did not authorize tax credits, subsidies to private insurance companies, or penalties on employers in states with a federal Exchange.”

“Nor did Congress grant the IRS authority to create such credits, subsidies, and penalties…”

However, in May of 2012, Barack Obama’s Internal Revenue Service decided to unilaterally change the language of the ACA and override the will of Congress by stating that...

[fwdude]

And word is that the RINO party is wetting their pants over possibly winning this case.

[buckalfa]

"And word is that the RINO party is wetting their pants over possibly winning this case."

I am sure the GOPe is past the stage of worrying about campaign promises from the last election. I am also sure that JonBon and Yertle the Turtle have legislation waiting in the wings to make legal and fund the subsidies if the SC by some miracle strikes them down.

[veracious]

Now Roberts and just enough of the _justices_ will get that blackmail, phone call, from elements of enemies foreign and domestic, that all their dark secrets will be revealed if they don't vote as commanded. All those dark secrets gleaned from their friends and sources at NSA.

...for those that don't understand the implications of USG capturing every electronic communication of everyone, including agents of USG.

[alpo]

And if the USG doesn’t have it, the Chinese do.

[Amendment10]

Regarding the constitutionality of Obamacare insurance which activist justices have been probably looking for an excuse to justify, please note the excerpt below from Paul v. Virginia. The excerpt clarifies that insurance policies are a simple contract, not commerce. And Congress’s Commerce Clause powers do not extend to regulating insurance policies, even if buyer and seller belong to different states.

”4. The issuing of a policy of insurance is not a transaction of commerce [emphasis added] within the meaning of the latter of the two clauses, even though the parties be domiciled in different States, but is a simple contract of indemnity against loss.” — Paul v. Virginia, 1869. (The corrupt feds have no Commerce Clause (1.8.3) power to regulate insurance.)