Federal judge set to rule on Obamacare subsidies quandary

Washington Times ^ | October 21, 2013 | Tom Howell, Jr.

[Cincinatus' Wife]

A federal judge will decide Tuesday on a case that could blow a major hole through the Obamacare exchanges when he rules on whether the government can dole out tax credits to Americans whose states declined to run their own Affordable Care Act insurance markets.

U.S. District Court Judge Paul L. Friedman heard oral arguments Monday and said he would rule Tuesday morning on the challenge by seven plaintiffs, who want an injunction from the rule that extends credits to all of the exchanges. He will also rule on the government’s attempt to kill the lawsuit.

The 2010 law says the tax credits go to help Americans enrolled in exchanges “established by the state.” But about three dozen states declined to create their own exchanges, leaving it to the federal government to step in — and opening up the question of whether residents in those states can still get the subsidies.

“They are asking you to interpret ‘north’ to mean ‘south,’” the plaintiffs’ attorney, Michael A. Carvin, told Judge Friedman.

Justice Department lawyer Joel L. McElvain argued that Congress did not want to favor some states over others through the health care law. Instead, he said the Department of Health and Human Services was poised to “stand in the shoes” of those states that decided to let the federal government run their insurance portals.

The case takes a nuanced look at legislative intent, but the stakes could not be broader for Mr. Obama’s signature domestic achievement.

Yanking away subsidies from about three dozen states that decided not to set up exchanges on their own would make joining the markets less attractive. Coming on the heels of serious glitches on the exchanges’ online portals, such a ruling would be another dent.

Attorneys from both sides—and even Judge Friedman himself—said the case is likely to climb the judicial ladder.......

[Political Junkie Too]

Article I Section 8 Clause 1:

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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

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Obama's waivers are unconstitutional on many grounds, firstly because he doesn't have the authority to ignore signed law, but secondly, since it's been ruled a tax, the tax must be uniform across the United States. Waiving the tax for some, but not for others, is not uniform.

-PJ

[Cincinatus' Wife]

Thank you!

[GailA]

Usually they do not bother me, it was not until I turned 60 that the PCP kept forcing me to take them. I WILL REFUSE in the future, they can jail me if that is what it takes.

I nearly died from this last one, formula changes likely culprit. My friend Lynn is allergic to eggs, so she can’t even get one. And she can ill afford to get the flu her husband’s health is very fragile, double stroke, with a Miracle GOD created by pass,all they had to do was clean out arteries. But he is now a shell of the robust man he once was and flu shot WOULD KILL HIM!