If I recall correctly, this dealt with how the federal government set up an exchange, for states which chose not to set up their own exchanges. The law states that a “state” will set up exchanges, not the federal government.
Remember that health insurance is mainly regulated at the state level, not the federal level. So we’ll see if this cripples Obamacare. It might.
Pelosi, Reid, Odunga will be shouting from the rooftops “It’s for the children” And demand that the evil Republicans fix this RAT oversight by voting to change the law to include subsidizes for all.
Count on it.
I’m not sure that the law prohibited the federal Govt from setting up an exchange — what it did prohibit, however, was federal subsidies from flowing through any other vehicle except a State exchange. So, the subsidies provided to individuals who used the Federal exchange because their State failed/refused to set one up aren’t legal, according to this Appeals Court ruling.
This will go higher.
No question, this is great news. However, I wouldn’t put it past the Kenyan Marxist to respond by threatening to withhold ALL federal funding to states who continue to choose not to set up their own exchange. Yes, that would be unconstitutional and right out of the playbook of Saul Alinsky, to be sure, but we’re dealing with an evil regime committed to imposing their satanic agenda by any means necessary. The states must hold firm and NOT GIVE IN to any bullying, bribery, or coersion from these despicable, America-hating Communists!
It could. But then Congress could just rule that the Federal exchanges can give the subsidies. Or perhaps another executive order would do the same. Even the head of HHS has the power, I believe, to change the wording of the law as she sees fit