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Pruitt v. Burwell: IRS's Illegal ObamaCare Taxes/Spending Suffer Another Defeat In Federal Court
forbes ^ | 9/30/2014 | michael f. cannon

Posted on 10/03/2014 5:14:59 AM PDT by SteveH

The U.S. District Court for the Eastern District of Oklahoma handed the Obama administration another – and a much harsher — defeat in one of four lawsuits challenging the IRS’s attempt to implement ObamaCare’s major taxing and spending provisions where the law does not authorize them. The Patient Protection and Affordable Care Act provides that its subsidies for private health insurance, its employer mandate, and to a large extent its individual mandate only take effect within a state if the state establishes a health insurance “Exchange.” Two-thirds (36) of the states declined to establish Exchanges, which should have freed more than 50 million Americans from those taxes. Instead, the Obama administration decided to implement those taxes and expenditures in those 36 states anyway. Today’s ruling was in Pruitt v. Burwell, a case brought by Oklahoma attorney general Scott Pruitt.

(Excerpt) Read more at forbes.com ...


TOPICS: Constitution/Conservatism; Editorial; News/Current Events; US: Oklahoma
KEYWORDS: halbig; obamacare; pruitt

1 posted on 10/03/2014 5:15:00 AM PDT by SteveH
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To: SteveH

"Tell them to simply ignore and delay the Courts.
Our bioWMD attacks on America have already begun."

2 posted on 10/03/2014 5:21:13 AM PDT by Diogenesis (The EXEMPT Congress is complicit in the absence of impeachment)
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To: SteveH

Good news on one hand, not so good on the other, in my view the fact the courts decides issues related to obamacare, is treating it as legitimate, just not in selected areas.

The entire Bill needs to be repealed, as it will always be justified to some extent by the courts.


3 posted on 10/03/2014 5:24:00 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: PoloSec
The entire Bill needs to be repealed, as it will always be justified to some extent by the courts.

Socialization of powers / Check$ and Balance$ BUMP!

4 posted on 10/03/2014 5:48:14 AM PDT by PGalt
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To: SteveH

Does this law now violate some equal protection clauses in the states that set up exchanges?


5 posted on 10/03/2014 6:12:05 AM PDT by headstamp 2
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To: PoloSec

IMHO the Courts have entered upon uncertain and dangerous grounds, the logical extension of numerous Supreme Court findings of new rights and privileges not actually appearing in the Constitution and subsequent laws.

The Courts exist not to interpret the law but to carefully define the law. What was the actual, written, agreed upon, and signed law. Intentions died in conference committees, if any.

If the Courts continue to ignore this critical fact what is their future? That’s right - THEIR future. If any element of the Government, Federal, State, or Local and their supporting bureaucracies can unilaterally change the law to meet their immediate needs why have a Court system at all?

Remove the fluff, hot air and boil away all the fat and this is what it comes down to. And, unfortunately the current Courts are actively helping to hasten their own end.


6 posted on 10/03/2014 6:16:24 AM PDT by Nip (BOHEICA and TANSTAAFL - both seem very appropriate today.)
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To: Diogenesis

lol


7 posted on 10/03/2014 6:40:11 AM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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To: SteveH

Bwahahahahahahaaaaaaaaaaaaaaaaaaaa.


8 posted on 10/03/2014 6:50:18 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Nip; PoloSec

SCOTUS failed on question #2

1) Does the gov’t have the ability to tax
YES

2) Is the purpose of said tax within the authority of Fedzilla (IE: Healthcare/insurance)
NO

Case dismissed, UnConstitutional

Unfortunately, the basics are never ‘debated’ any longer. All is presumed post-1916, never is authority questioned, or power delegated or 9th/10th A. brought up (if not wholly ignored as ‘immaterial’ or ‘without standing’)

But, what does one expect when the Republic has been LONG dead?


9 posted on 10/03/2014 8:40:31 AM PDT by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
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