Posted on 09/30/2014 4:30:36 PM PDT by lowbridge
A federal judge in Oklahoma on Tuesday struck down a key provision supporting the Affordable Care Act, in yet another judicial move that threatens to derail President Obama’s vision of national health care reform.
US District Judge Ronald White said in a 20-page opinion that the Internal Revenue Service lacked the authority to enact a regulation that allows the federal government to provide tax credits to qualified health care policyholders through health care exchanges in every instance.
At issue in the lawsuit was whether the IRS regulation conflicted with the clear language of ACA, also known as Obamacare, which appears to limit the provision of federal tax credits to only those policy holders enrolled in a health care exchange set up and run by a state.
Two federal appeals courts reached conflicting opinions on the same issue in July, and the plaintiff in one of those cases is asking the US Supreme Court to take up the issue.
(Excerpt) Read more at news.yahoo.com ...
“Will Supreme court weigh in?”
More than likely, since there are now enough conflicting rulings from different circuit courts, even if the DC court of appeals rules in Obama’s favor.
That's a great question, given that they seem to have an epidemic of computer hard drive failures and no data back up system as required by Law... /s
The interpretation, too, has been spelled out several times in speeches and interviews by the authors.
They only let subsidies go through state exchanges so voters would push states to develop their state exchanges so voters can get the subsidies.
The wording was on purpose to drive states to absorb the costs of creating and maintaining state level insurance exchanges, because voters would want the subsidies only available that way.
It appears this judge based his ruling on the common sense and constitutional view that congress is one entity regardless of which political party has majority control at any given time and if that body wants the law to be changed, they have the power to do so. The previous rulings upholding the IRS regulations obviously bought into the liberal view that since the political winds have changed and the congress as now constituted does not desire to change the law, it is legitimate for the courts to make the corrections they believe the original congress would make if they were still in control.
I tend to think that when this gets to the Supreme Court, at least one and possibly two of the liberal justices will uphold this opinion.
The subsidies were the carrot for states to run their own exchanges - set up your own exchange, get subsidy money for your constituents ...
The stick was DON'T set up your own exchange and your constituents have to go to the federal program with NO subsidies ...
does anyone expect the government will abide by the ruling anyway?
The case against the individual mandate was very clear also, but Roberts rescued it anyway.
Video: Hitler Finds Out He Can’t Keep His Health Care Plan …Period
http://www.ironicsurrealism.com/2013/11/09/video-hitler-finds-out-he-cant-keep-his-health-care-plan-or-doctor-period/
Probably, considering that we appear to have entered a post-constitutional age, thanks to President Obama and his soon-to-resign attorney general...
After ultra sound, x-rays, and a CT scan, they're gonn'a do an MRI this morning.
They don't know what it it is.
We were talking yesterday and he told me his doctor said he wasn't doing ANYthing until he knew what he was doing.
Every diagnostic was a seperate appointment because Medicare had to approve each individual operation.
Our discussion ended with wondering what was happening in his body while 321:45.6.84 got approved ... before moving on to 321:45.7.84
Since Obamacare is perpetually being “legislated” (rewritten) as an open-ended law, this little,problem should be solved easily with a new edict.
The implication is that there is now really only one "state." Didn't the Führer make that clear?
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