Fed appeals court panel says most Obamacare subsidies illegal

CNBC.com ^ | July 22, 2014 | Dan Mangan

[gwjack]

This is a breaking news story. Please check back for updates. In a potentially crippling blow to Obamacare, a top federal appeals court Tuesday said that billions of dollars worth of government subsidies that helped 4.7 million people buy insurance on HealthCare.gov are not legal under the Affordable Care Act.

[C210N]

There are 11 active judges in the D.C. Circuit.

Okay, that explains where 11 comes from for en-banc...

But, today's 3-member opinion then has 2 that are not one of those "active" 11 - they are listed as currently being a "Senior Judge". That would mean that the en-banc 11 would NOT include two of today's judges (one voted for, one against; the third is one of the "active" 11).

United States Court of Appeals for the District of Columbia Circuit

[Fantasywriter]

Good info, MUDDOG; thanks for the ping. I am bookmarking this, as any help I can get in avoiding the penalty is appreciated. [Rush had to be kidding about the hardship exemption. Your guess is probably correct.]

[C210N]

the evil villain in a hrorror movie...

And even then its probably not dead. But one can always hope.

Then there is ØCare, the Sequel; ØCare strikes back; ØCare reloaded; Nightmare of ØCare XXX, etc...

[MUDDOG]

Since it's your dad, I guess he's getting on up there.

If you have Medicare (age 65 and up), all you need is the "free" part of Medicare (Part A hospital coverage) to be Obamacare-compliant, and thus no penalty.

If you aren't Obamacare-compliant, the percent penalty applies to a "modified" income in excess of the standard deduction and exemptions (approx. $10,000 for an individual).

So as an approximation, it would be 1% of (your dad's adjusted gross income minus $10,000).

[poobear]

“Boy, Just wait until Obama watches CNN and finds out about this.”

Bwahahaha!!!!
What’s also hilarious is he stated today he doesn’t watch tv :)

[MUDDOG]

I misread your post in my reply ("dad" for "had").

I'm not aware that the penalty is capped at the cost of an insurance policy.

Not that you're wrong; I just thought the penalty was uncapped.

If you're right, then Rush has no worries.

[MUDDOG]

EVO X posted that the penalty is capped at the cost of an insurance policy.

I'm not aware of that. If it's true, Rush is in the clear.

[MUDDOG]

EVO X is right -- the penalty is capped at cost of bronze plan.

Obamacare penalty

[musicman]

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[EVO X]

I misread your post in my reply ("dad" for "had").

My spell check works, but need to work on the grammar checker.

[Cheerio]

Uh Oh, they look like Obama voters...

Statistics say 95% of those three are Obozo voters.

[MUDDOG]

You’re right about the penalty being capped.

[BuckeyeTexan]

https://blogs.law.harvard.edu/billofhealth/2014/07/22/how-en-banc-review-would-work-in-halbig/

The active judges of the court, PLUS any senior judges who sat on the panel, sit if the case is heard en banc.  That means the judges listed above plus Randolph and Edwards, who both were on the panel in Halbig.

[Cheerio]

In fact it may be illegal. Since when does this administration care about little things like that?......................

America is way past America's Constitutional Crisis and nobody is doing anything except Boner thinks he can win a law suit against little boy king barry. Didn't earnest just say that because there are 7 of the 11 DC Court appointed by RATS that it will most certainly be overturned when they hear it en banc?

If Boner had a pair he would have DEFUNDED ACA.

[Red Badger]

Their families and friends have to buy OBOZOCARE, so I’m sure they will get and earful from their relatives about this crap.................

[yorkiemom]

“There are 2 additional courts who will be imminently ruling on similar cases.”

I wonder if they’ll be using this ruling as a precedent?

[EVO X]

You’re right about the penalty being capped.

Many of the websites that explain the penalty, leave out the penalty being capped at the bronze plan since it doesn't apply to most people.

[EVO X]

You’re right about the penalty being capped.

Many of the websites that explain the penalty, leave out the penalty being capped at the bronze plan since it doesn't apply to most people.

[MUDDOG]

It makes sense that it'd be capped.

But it makes Rush less heroic. Bold words for a one-eared fat man?

[OldNavyVet]

John Roberts is owned, a man without strength of character

I disagree. Obamacare is a lousy law passed by lousy politicians ... at House, Senate and Presidential levels ... in accordance with the Constitution.

My personal opinion is that Roberts realized that fact and that Roberts has essentially hoisted Obama on Obama's own petard.

Can you imagine how things would be today if ObamaCare law had been tossed by the Supreme Court?

Think about it.