Bombshell: Federal judge suddenly green-lights lawsuit that could stop Obamacare in its tracks

Daily Mail ^ | DAVID MARTOSKO

[MeshugeMikey]

A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law.

The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court.

The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website.

Thirty-six states chose not to set up their exchanges, a move that effectively froze Washington, D.C. out of the authority to pay subsidies and other pot-sweeteners to convince citizens in those states to buy medical insurance. But the IRS overstepped its authority by paying subsidies in those states anyway, say the businesses and their lawyers.

[Paladin2]

Didn’t DICKtator Zer0 (Dingy the Vassal’s, King) give the whole State of Nevada an exemption?

[the OlLine Rebel]

I keep praying something will end this nightmare.

[Obama_Is_Sabotaging_America]

WITHOUT A DOUBT HEADS SHOULD ROLL! Kathleen Sebelius KNOWINGLY ALLOWED thousands of people to lose their health care plans with NO WAY TO REMEDY IT because of a website SHE KNEW WAS NOT FUNCTIONING.

This is CRIMINAL NEGLIGENCE that could possibly result in people dying due to termination of health care plans WHILE SHE KNEW THERE WAS NO REMEDY AVAILABLE TO PATIENTS.

[Sir Napsalot]

While individual lawsuits await their light of day in courts, the Obamacare disaster train had already rolled out of the station.

Months / Years (?!) from now, we will truly have a chaotic situations on our hands.

And nobody will EVER be able to get rid of it, by that time.

[bgill]

Just wait until that judge gets his phone call.

[Political Junkie Too]

There was only ONE Republican who voted for the bill in the House, before it was sent back from the Senate. That Republican was Joseph Cao, who replaced disgraced Democrat Representative William Jefferson of Louisiana in a special election after Jefferson was caught with $70,000 in the freezer in his office.

Cao eventually voted NO on the final bill, but was not reelected in the next general election because of his earlier vote.

-PJ

[TexasGator]

Yep.

[Paladin2]

What kind of name is Zohre Abolfazli?

I don't remember her from High School....

[usconservative]

that runs contrary to the clown princes latest ruling on the Equitable Distribution Of Misery doesnt it?

It sure does .... as does his treatment of his pet Unions (they get waivers) whereas those of us NOT in unions DO NOT get waivers!

[loveliberty2]

This so-called "Affordable Care Act" was never about improving health care, health care costs, or about helping citizens with low-cost insurance for their health care.

Back on April 2, 2010, Byron York's column on the subject provides direct quotations from Senator Max Baucus, a leader and strong proponent of the misnomer known as "Affordable Care Act." Excerpt from York's column:

"Health reform is 'an income shift,' Democratic Sen. Max Baucus said on March 25. 'It is a shift, a leveling, to help lower income, middle income Americans.'

"In his halting, jumbled style, Baucus explained that in recent years 'the maldistribution of income in America has gone up way too much, the wealthy are getting way, way too wealthy, and the middle income class is left behind.' The new health care legislation, Baucus promised, 'will have the effect of addressing that maldistribution of income in America.'" (End of excerpt)

"It is a shift, a leveling . . . ."

America's liberty and prosperity for over 200 years was based on another idea, for the earnings of hardworking citizens were protected from the coercive hand of government by a written Constitution which did not allow the Baucuses of the world such "taking" power. Hear Samuel Adams:

"Is it now high time for the people of this country to explicitly declare whether they will be free men or slaves. It is an important question which ought to be decided. It concerns more than anything in this life. The salvation of our souls is interested in this event. For wherever tyranny is established, immorality of every kind comes in like a torrent, it is in the interest of tyrants to reduce the people to ignorance and vice.” - Samuel Adams

And:

“The utopian schemes of leveling and a community of goods, are as visionary and impractical as those which vest all property in the crown. These ideas are arbitrary, despotic, and, in our government unconstitutional.” - Samuel Adams

[DAC21]

“No gov program EVER fails, it will not happen”

Actually almost every Gov. program does fail, it’s just that more Taxpayer money always covers them up /smooth’s things over. Those days are ending, see 17 Trillion deficit. Something’s got to give and it may not end well.

[dennisw]

What a freakin mess!!! The Three Stooges could have done better. This is government done banana republic style

[NonValueAdded]

hugh and series bump

[usconservative]

I'm not an attorney, but aren't the plaintiffs (the small businessmen) arguing that the fed govt cannot give subsidies to individuals in states that did not setup exchanges. How is this a violation of equal protection?

I'm not an attorney either, nor did I state that the small businessmen were arguing the 'equal protection' clause.

What I said was, throw in the violation of the equal protection clause violation on top of it.

Fact is, Obama's violating his own redistributionist policies by giving Unions waivers, and the rest of us (non-Union members) no waivers.

THAT's a violation of equal protection! Either the law AS WRITTEN applies to ALL, or it applies to NONE.

That to my best understanding, is the crux of an equal protection violation.

[JeanLM]

Your mom’s problem is mine too. Compounding the issue is alternatives are defined by the county you live in. In my case Hunterdon county which has few citizens and doesn’t attract many insurance alternatives.

The Advantage plans were all hacked to save money.

[Hotlanta Mike]

[InterceptPoint]

I seem to recall a case where this one sentence law was passed by the Federal Government:

A is A.

After a study of the law by The Bureaucracy they issued 400 pages of Reglations with the Key Provision being:

A is B.

The law was challenged in court which led to an ultimate Supreme Court 5 to 4 decision upholding the law based on Legislative Intent. The Majority Opinion was authored by none other than Supreme Court Chief Justice Roberts himself.

[NonValueAdded]

not for that reason though. Florida didn’t establish an exchange but BCBS cancelled a boatload of policies.

[Paladin2]

" Cao eventually voted NO on the final bill, but was not reelected in the next general election because of his earlier vote. -PJ "

Well, "U R apparently a real PJ.

[Paladin2]

"The Majority Opinion was authored by none other than Supreme Court Chief Justice Roberts himself. "

So much for his "legacy".