Posted on 08/21/2014 8:52:28 AM PDT by Oldpuppymax
In June of last year I wrote that the future of ObamaCare would depend upon the outcome of a small number of under-reported lawsuits filed to prevent the IRS illegally re-writing the Affordable Care Act.
At issue in the lawsuits:
The Affordable Care Act (ACA) provides tax credits and subsidies for the purchase of health insurance through exchanges that are run by a governmental agency or nonprofit entity that is established by a state. (2) By mid 2013 however, 33 states had refused to build an ObamaCare Exchange so necessary to the functioning of the law. And although the ACA made provision for recalcitrant governors and state legislators by authorizing the federal government to build exchanges within their borders, it did NOT allow for federally run exchanges to provide the subsidies and tax credits without which healthcare plans would be unaffordable for a majority of businesses and individuals.
Section 1311 of ObamaCare allows for providing tax credits or subsidies to certain people who purchased qualified health plans through AN EXCHANGE ESTABLISHED BY THE THE STATE. (5) Section 1321 the section regulating federally run exchanges makes it clear that neither tax credits nor subsidies may be offered through exchanges established by the federal government. (3)
In short:
Congress did not authorize tax credits, subsidies to private insurance companies, or penalties on employers in states with a federal Exchange.
Nor did Congress grant the IRS authority to create such credits, subsidies, and penalties (4)
However, in May of 2012, Barack Obamas Internal Revenue Service decided to unilaterally change the language of the ACA and override the will of Congress by stating that the Service will have the authority to provide subsidies and tax credits to ObamaCare participants from federally run exchanges. The IRS literally rewrote the law and...
(Excerpt) Read more at coachisright.com ...
What could happen if the IRS did take over that authority?
The weaponization of taxes against conservatives.
They're the real power in this country.
Liberal courts might award the powers of Congress to the Internal Revenue Service
This could be a good thing.. let the judges do that and then hopefully we can abolish the IRS and solve a ton af problems.
Today's Congress has no testosterone. They should be up on their hind legs and roaring. But they're docile wimps instead.
Men of normal character would be embarrassed and ashamed at what's become of themselves. Instead, they go to their bars, tanning salons, and massage parlors.
Today's Congress has no testosterone. They should be up on their hind legs and roaring. But they're docile wimps instead.
Men of normal character would be embarrassed and ashamed at what's become of themselves. Instead, they go to their bars, tanning salons, and massage parlors.
Nor any of these;
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.