Posted on 01/30/2014 12:49:40 PM PST by Starman417
Obamacare is unpopular. It's becoming more unpopular with the uninsured.
Scott Pruitt, Attorney General of the state of Oklahoma, filed a lawsuit against Kathleen Sibelius over the implementation of Obamacare.
In an article in last month's WSJ, he explained why:
While the president's health law is vast and extraordinarily complex, it is in one respect very simple. Subsidies are only to be made available, and tax penalties for not signing up for health insurance are only to be assessed, in states that create their own health-care exchange. The IRS, however, is attempting to enforce tax penalties in all statesincluding Oklahoma and the majority of the other states that have declined to create their own exchanges. Citizens and businesses in these states must use the federal exchange instead.The distinction is critical, because under the terms of the law it is the availability of government insurance-premium subsidies that triggers the penalties against businesses if they fail to provide their employees with health insurance that the administration deems acceptable. This is a huge problem for the administration, which desperately needs to hand out tax credits and subsidies to the citizenry to quash the swelling backlash against the law.
And Pruitt observes:
As much as we wish the government were run like a business, the administration cannot "improve" upon legislation passed by Congress by rolling out updates in the manner that Silicon Valley does. That's not permitted under the Constitution: Congress passes laws, the president executes them. Period. That's why Oklahoma and other states are fighting to stop the administration's attempt to "fix" the health-care law through executive fiat.
In his WaPo column George Will explains how this could doom the ACA:
Because under the ACA, insurance companies cannot refuse coverage because of an individuals preexisting condition. Because many people might therefore wait to purchase insurance after they become sick, the ACA requires a mandate to compel people to buy insurance. And because many people cannot afford the insurance that satisfies the ACAs criteria, the ACA mandate makes it necessary to provide subsidies for those people.The four words that threaten disaster for the ACA say the subsidies shall be available to persons who purchase health insurance in an exchange established by the state. But 34 states have chosen not to establish exchanges.
Only 16 states chose to form exchanges, 34 did not. Will notes, almost certainly accurately, that the language of the ACA was written to coerce states into forming exchanges:
The IRS says its interpretation it actually is a revision of the law is consistent with, and justified by, the structure of the ACA. The IRS means that without its rule, the ACA would be unworkable and that Congress could not have meant to allow this. The ACAs legislative history, however, demonstrates that Congress clearly and, one might say, with malice aforethought wanted subsidies available only through state exchanges.Some have suggested that the language limiting subsidies to state-run exchanges is a drafting error. Well.
Some of the ACAs myriad defects do reflect its slapdash enactment, which presaged its chaotic implementation. But the four potentially lethal words were carefully considered and express Congresss intent.
Congress made subsidies available only through state exchanges as a means of coercing states into setting up exchanges.
And the illegality?
(Excerpt) Read more at floppingaces.net...
With the blackmailing of John Roberts, that train already left the station. The court will not fix this, and has said so repeatedly.
NO INSURANCE COMPANY BAILOUTS !
OBAMACARE IS SO BIG THAT IT NEEDS TO FAIL !
So does the blackmail involve Roberts’ homosexuality, illegal adoptions, or both?
Doesn’t matter. Could be either, neither or all the above, but why he did it is irrelevant.
Probably both, and maybe more.
Don’t worry . . . Be Happy!
Scouts Out! Cavalry Ho!
I believe the communist court system of the united states has already recently ruled in favor of the IRS in this matter.
Federal judge rejects challenge to Obamacare subsidies
http://dailycaller.com/2014/01/15/federal-judge-rejects-challenge-to-obamacare-subsidies/
DeeCee has a nice racket set up. They pump enormous amounts of money out of the states, then return it in the form of block grants (less what they keep for “expenses”). If any state tells them to stick it, then they’ll simply keep the money they sucked out of the states.
Nothing is going to get better until states start refusing to remit the money in the first place. That’s when we find out if they have the stomach for another Ft. Sumter moment. At the moment, it’s a stand-off and we don’’t know what will happen. Nobody wants to be the first state to find out. It’ll take a big one, like TX.
Sorry dude, but you are a little late to the game.
The fateful decisions were already made in 2008 and 2012.
There is another challenge/ lawsuit developing: (States affected listed in the article)
watch the video - it explains that the IRS wrote law to enable subsidies for Obamacare in states that elected NOT to establish a state exchange.
3 - The IRS and Obamacare
http://www.youtube.com/watch?v=OX4uRGJfhKc
If you live in a state that did NOT set up an exchange, check out this article.
Are You a Potential Plaintiff in an Anti-Obamacare Lawsuit? Please Respond by January 31, 2014
http://noisyroom.net/blog/2014/01/29/are-you-a-potential-plaintiff-in-an-anti-obamacare-lawsuit-please-respond-by-january-31-2014/
People that think that the IRS can’t force you to pay the penalty tax are wrong.
It’s been stated that they can only take the penalty from any tax refund you may have coming but what will happen is they will take the penalty from your payroll tax first and say that at the end of the year you owe more taxes.
They know how to collect unpaid taxes.
Mark my words, they will apply the penalty first and anything payed in after the penalty is covered will apply to your taxes.
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