Halbig v. Burwell Would Free More Than 57 Million From The ACA's Individual & Employer Mandates

Forbes ^ | July 21, 2014 | Michael F. Cannon

[2ndDivisionVet]

The U.S. Court of Appeals for the D.C. Circuit, often described as the second-highest court in the land, could rule on Halbig v. Burwell as early as tomorrow. Halbig is one of four lawsuits challenging the legality of the health-insurance subsidies the IRS is dispensing in the 36 states that did not establish a health-insurance Exchange under the Patient Protection and Affordable Care Act, or “ObamaCare,” and thus have Exchanges established by the federal government. Though the PPACA repeatedly states those subsidies are available only “through an Exchange established by the State,” and there are indications IRS officials knew they did not have the authority to issue subsidies through federal Exchanges, the IRS is dispensing billions of dollars of taxpayer subsidies through federal Exchanges anyway.

The Halbig plaintiffs are employers and individuals from six federal-Exchange states who are being injured by the IRS’s actions because those illegal subsidies trigger taxes against them under the PPACA’s employer and individual mandates. The plaintiffs want relief from those illegal taxes, and the only way to get it is to ask federal courts to put a stop to the illegal subsidies. Recent media coverage of Halbig, driven by one-sided blog posts from the consultant group Avalere Health and the left-leaning Urban Institute and Robert Wood Johnson Foundation, has misrepresented the impact of a potential ruling for the plaintiffs by ignoring three crucial facts: (1) a victory for the Halbig plaintiffs would increase no one’s premiums, (2) if federal-Exchange enrollees lose subsidies, it is because those subsidies are, and always were, illegal, and (3) the winners under such a ruling would outnumber the losers by more than ten to one....

[mothball]

Why would they want to mess with it, when it’s working so well? Lol!!

[exit82]

and there are indications IRS officials knew they did not have the authority to issue subsidies through federal Exchanges, the IRS is dispensing billions of dollars of taxpayer subsidies through federal Exchanges anyway.

Another reason why IRS hard drives are failing at an abnormally high rate.

[dware]

could rule on Halbig v. Burwell as early as tomorrow

I call BS. They been saying this for a month now. I don't expect anything until after the 2014 election...

[Dilbert San Diego]

Ya I have seen variations of this story for months now off and on. Are they going to rule or not? Have they heard the case? If they do rule against Obama will it be put on hold pending appeal to the Supreme Court? So many questions about this that news stories don’t answer.

[dware]

The case has been heard, back in March, I believe. Just waiting on the verdict at this point. How hard is it, I wonder? Will it kill democrat chances in November? Are they simply looking for the smallest reason to keep subsidies intact? Inquiring minds want to know, and have been expecting that decision “any day now”.

[max americana]

Hard drives or servers? They keep losing emails s/

[Norseman]

It’s an interesting article, especially since it illustrates that the winners vastly outnumber the losers if the court rules against the administration.

At the end of the article it’s also pointed out that those states that did as the Dems wanted and opened state exchanges will come under intense pressure from their constituents to join the other 34 states by dropping their own exchanges. That would free their constituents from being subject to the mandates and tax penalties they alone would be subject to if the decision goes against the administration.

And that could spell the end of Obamacare, as written.