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Bombshell: Federal judge suddenly green-lights lawsuit that could stop Obamacare in its tracks
Daily Mail ^
| DAVID MARTOSKO
Posted on 10/22/2013 1:08:14 PM PDT by 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.
(Excerpt) Read more at dailymail.co.uk ...
TOPICS: Constitution/Conservatism; Front Page News; News/Current Events
KEYWORDS: aca; bhohealthcare; cei; lawsuit; obamacare; ruling
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To: Political Junkie Too
One never knows.
81
posted on
10/22/2013 1:46:55 PM PDT
by
nathanbedford
("Attack, repeat, attack!" Bull Halsey)
To: Hotlanta Mike
I'm going to post that at National Park Entrances.
To replace:
82
posted on
10/22/2013 1:48:38 PM PDT
by
Paladin2
To: Paladin2
“Get Up-to-Date Info on Zohre Abolfazli in Brentwood, TN”
83
posted on
10/22/2013 1:52:46 PM PDT
by
Paladin2
To: DAC21
That 17 Trillion matters not to most people, and matters even less to Congress and the Kenyan. All they will do is print money, raise taxes, or any unlawful and deceitful moves that the idiot population will never be aware of.
There are not enough REAL men or REAL Americans to stop the Feds.
Trust me, life will go on as usual.
84
posted on
10/22/2013 1:54:04 PM PDT
by
roses of sharon
("Truly I tell you, today you will be with me in paradise." Luke 23:43)
Comment #85 Removed by Moderator
To: tips up
Meh. John Roberts will again PUT something UP of his ass to affirm the law.
Fixed it.
To: MeshugeMikey
The republicans will just go along with changing the law.
87
posted on
10/22/2013 2:00:40 PM PDT
by
Revel
To: fungoking
Weren't there articles within a few weeks after the SC decision where court commentators thought that Roberts had put a back door into the decision for just this kind of thing? Something small that would eventually reach the SC where the law could be overturned. Several articles mentioned some cases that were being brought up through the system at the time of the decision and now I'm wondering if this is one of them. If so, this could get interesting.
To: nathanbedford
I know. This is one of two cases testing the legitimcy of federal subsidies in states that refused to set up exchanges, where the language of the "settled law" says explicitly that subsidies are for "state" exchanges.
-PJ
89
posted on
10/22/2013 2:04:01 PM PDT
by
Political Junkie Too
(If you are the Posterity of We the People, then you are a Natural Born Citizen.)
To: jersey117
open enrollment for Medicare Advantage plans opened on Oct 15 until Dec 3, and i am sure the letter said your MIL was covered until Jan 1st.
90
posted on
10/22/2013 2:04:55 PM PDT
by
markman46
(engage brain before using keyboard!!!)
To: MeshugeMikey
the PEACE CORPS? that one is a bit odd,...
Someone in that organization may get beri-beri or Malaria so it is better to be signed up in advance.
91
posted on
10/22/2013 2:06:21 PM PDT
by
JSteff
(It was ALL about SCOTUS.. We are DOOMED for several generations. . Who cares? The Dem's do & voted!)
To: TexasGator
No problem. Court will rule that Obamacare should apply to all 50 states. Problem goes away. Exactly! As long as 0bama has Roberts under his thumb and the SCOTUS skipping to his tune, he isn't worried about any of his unconstitutional or illegal actions being overturned. That's why he is a TYRANT!
92
posted on
10/22/2013 2:07:35 PM PDT
by
The Sons of Liberty
(Who but a TYRANT shoves down another man's throat what he has exempted himself from?)
To: Revolting cat!
She has awfully dark hair roots.....
93
posted on
10/22/2013 2:09:38 PM PDT
by
JSteff
(It was ALL about SCOTUS.. We are DOOMED for several generations. . Who cares? The Dem's do & voted!)
To: The Sons of Liberty
That’s an excellent tagline. It is truth.
94
posted on
10/22/2013 2:09:40 PM PDT
by
Ray76
(Get thee behind me, Obama.)
To: aegiscg47
Occam's razor would suggest that this is wishful thinking.
Why would Roberts create a Rube Goldberg set of events that have to happen in order for SCOTUS to overturn Obamacare on what amounts to a technicality, when he could have overturned it outright on much stronger grounds that the Commerce Clause does not allow "inactivity" to be regulated as "commerce?"
Choosing not to buy something is not a form of commerce, therefore mandating that someone must by something (forcing the stop of inactivity) is not allowed under the Commerce Clause. And taxing inactivity (not buying insurance) is ridiculous.
The individual mandate is unconstitutional, and Roberts had the opportunity to say so.
-PJ
95
posted on
10/22/2013 2:13:39 PM PDT
by
Political Junkie Too
(If you are the Posterity of We the People, then you are a Natural Born Citizen.)
To: txrefugee
Don’t forget......... Obama also has a family
96
posted on
10/22/2013 2:25:53 PM PDT
by
bert
((K.E. N.P. N.C. +12 ..... Travon... Felony assault and battery hate crime)
To: Grams A
Well, that makes sense. I know the hotel we work for(hubby works for) has a global management company, but it just manages the property, not sure if that covers insurance. So far we have not got any news regarding our insurance. We are large, so I know it won’t effect us till 2015. But it still has me worried. Our insurance is sooo good. I don’t want to lose it. :(
97
posted on
10/22/2013 2:30:13 PM PDT
by
Halls
(Jesus is my Lord and Savior)
To: Hotlanta Mike
trust levels run high,......even within the Whitehouse,,,, '
98
posted on
10/22/2013 2:37:57 PM PDT
by
MeshugeMikey
( Un-Documented Journalist / Block Captain..Tyranny Response Team)
To: jersey117
I’ve been hoping my Obama / socialized medicine loving BIL will lose his Medicare Advantage supplement. It doesn’t like like he will. Is there no justice?
99
posted on
10/22/2013 2:40:04 PM PDT
by
ChildOfThe60s
((If you can remember the 60s.....you weren't really there)
To: Revolting cat!
*SNICKERING* ...those were loaded!
100
posted on
10/22/2013 2:46:30 PM PDT
by
skinkinthegrass
(who'll take tomorrow,$pend it all today;who can take your income & tax it all away..0'Blowfly can :-)
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