Posted on 10/01/2014 10:44:45 AM PDT by ThethoughtsofGreg
On Tuesday, Judge Ronald A. White of the U.S. District Court for the Eastern District of Oklahoma vacated the IRS rule that allows premium subsidies in states that refused to establish an exchange under the Affordable Care Act.
The court holds that the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C. §706(2)(A), in excess of statutory jurisdiction, authority, or limitations, or short of statutory right, pursuant to 5 U.S.C. §706(2)(C), or otherwise is an invalid implementation of the ACA, and is hereby vacated.
As has been covered previously, at issue is whether the IRS exceeded its authority in allowing subsidies for individuals to buy health insurance in states that refused to establish an exchange. Under the ACA, states were given the option to create state-based exchanges or default to a federal exchange—36 states chose to default, while just 14 currently operate their own (seen below).
(Excerpt) Read more at americanlegislator.org ...
Good news. But conservatives should not be glad that an issue was decided by a judge.
Bwahahahahahahahaaaaaaaaaaaaaaaaaaaaaaa!
A judge (Roberts) is the reasons we have the law in place today. It may be best to have a judge correct it.
The law is pretty clearly written. The Dems are having regrets about the way it’s written, so the obfuscating (as usual) and trying to pretend that the law doesn’t mean what it clearly says. The law clearly states that premium subsidies are authorized for people in STATE exchanges. The law was written this way intentionally to encourage states to set up exchanges. No exchange, no subsidies for your citizens.
Long story short, the issue was not really decided by a judge; it was decided by the DEMOCRATS in the House and Senate who wrote and passed the abominable law in the first place.
D’oh. The Dems are having regrets ... so THEY ARE obfuscating...
These folks need to update their map. Cover Oregon is defunct & I believe they’re already referring people to the federal exchange.
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