Courts give green light to lawsuits which could finish ObamaCare

Coach is Right ^ | 10/26/13 | Doug Book

[Oldpuppymax]

In finding the Affordable Care Act (ACA) constitutional, 5 justices of the Supreme Court literally ignored the statutory language of the law and the wishes of Congress. In fact, Chief Justice Roberts rewrote portions of the Act in order to bring its substance into line with his own politically motivated preferences.

In May, the IRS also ignored the will of Congress as expressed in the ACA. The law specifically states that subsidies and tax credits provided to certain ObamaCare enrollees may be awarded ONLY by “a governmental agency or nonprofit entity [ObamaCare exchange] that is established by a state.”(My emphasis) But this would prevent subsidies being awarded in the 33 states which have refused to build an ObamaCare exchange. Such a setback would effectively ruin the Affordable Care Act. (1)

So the IRS decided to rescue its master’s namesake healthcare plan by presenting ObamaCare enrollees with $800 million worth of subsidies and tax credits even in states which have not built an exchange. After all, defenders of ObamaCare maintain that the whole affair simply represents “…a minor drafting error [in the law] that courts will and should overlook.” (1)

But not everyone agrees that the IRS may legally assume the lawmaking powers of Congress. In 2012, Oklahoma Attorney General Scott Pruitt filed an amended suit, claiming the IRS...

[Usagi_yo]

Sometimes SCOTUS rules for you, sometimes it does not.

IIRC Roberts left us an out by ruling it a tax and not a penalty. Until the tax is collected, nobody has standing in contesting it. Had he ruled it a penalty, it would all be over with Obamacare standing.

On the other side, unintended consequences — Having Obamacare *could* if in the right hands, make it so much more easier to transition to a different tax system, like a flat tax.

[GeronL]

Sounds delusional.

I guess people can talk themselves into believing anything.

ObamaCare was left standing

[Usagi_yo]

Do you actually read before responding?

I said nothing factually incorrect.

But go on, beat your dead horse.

[GeronL]

Mine was a general comment.

Courts are not going to “finish” Obamacare, it’s just not going to happen. It is a pipe dream.

[X-spurt]

I may be the only one on FR who thinks that Roberts may have intentionally given nobamacare a poison pill.

That poison pill could be that once is in effect, it will be open for many persons to have standing to challenge in court and eventually in the SCOTUS.

One terminal challenge would be that of “origination”, in that the Constitution plainly says taxes and spending Bills must originate in the House. ACA originated in the Senate. The “terminal” part of the poison pill is also that in the dems rush to get their magic bill passed before anyone could see what was in it, they forgot to insert a “severability clause”, meaning that ALL parts of the Bill must go back to the Congress if ANY portion is found anti-Constitutional by the SCOTUS.