Posted on 07/22/2014 7:30:07 AM PDT by 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.
(Excerpt) Read more at cnbc.com ...
I live in GA, which did not create an exchange. I saw my dr. yesterday. He said Obamacare is working great in GA, & that during the next open enrollment I should sign up. Naturally, his premise for the boondoggle working well in this state is that the subsidies are in force. So what I infer from this article is that, should appeals fail, we’ll have no subsidies in GA?
If someone can confirm that I have the gist of it right, I’d appreciate it. Thank you in advance.
[Btw, I am rabidly against Obamacare. That’s just one reason I haven’t signed up.]
CNN? Obama won’t know about it unless it’s on the Man/Boy channel or ESPN
There were theories when Roberts wrote both the for and against opinions for Obamacare that he was blackmailed into changing his vote.
Now that we know the NSA spied on Congresspeople, including the intelligence committee, the Obama administration using an NSA file to force Roberts to change his vote is a much more realistic proposition.
Obama will gradually work up the ladder of intimidation. If the IRS doesn't work, then indirect threats against the livelihood or health of members and families, then some version of the horse head in the bed, up to the full Soviet, black Zil that takes the miscreant away in the night.
I’m not sure that the law prohibited the federal Govt from setting up an exchange — what it did prohibit, however, was federal subsidies from flowing through any other vehicle except a State exchange. So, the subsidies provided to individuals who used the Federal exchange because their State failed/refused to set one up aren’t legal, according to this Appeals Court ruling.
This will go higher.
Here is a map State by State. It is a bit old so there could be some changes.
http://www.washingtonpost.com/blogs/wonkblog/files/2013/02/final-exchange-map.png
Mostly right leaning States. I wonder if PA, Maine, and Virginia try to change to a State exchange to get around the decision. Maybe the ship has sailed to attempt that?
It will collapse, but my question is will that matter to the statists?
Look up the term en banc.
It makes regular health insurance beyond the reach of low-income folks...period. Unless you invent a mythical tax break of some type, or tax credit, or imaginary tax refund (all of which the Republicans suggested instead of the current program)...this is mostly just waiting till December when folks figure out the cost has gone up twenty to forty percent, and they just decline to get health insurance in 2015.
That was my first thought -
“Illegal? Says who? I say what’s legal or not!”
Maybe, maybe not. The Supreme Court doesn’t have to take the case, and may prefer to stay out of it. From a stritly legal perspective, the issue in this case is not terribly important or far reaching - it’s fundamentally a pretty narrow question of statutory interpretation. Obviously the effects of any decision would be tremendous, but that may not be enough to entice the Supreme Court to step in.
The subsidies are a huge deal for Obamacare. That was the basis for his untruth that the average family will see their premiums decline 2500 a year. That drop in out of pocket premiums was supposed to come from the subsidies.
Realistically, lots of people will drop their policies if they don’t get a subsidy.
This will be interesting to see, as this goes forward, if millions of people get fined for not having health insurance, when they don’t have it because they can’t afford it without the promised subsidy.
Keep in mind that Roberts opinion could be read as a tough-love action. Iirc he basically said that it wasn’t the Court’s job to save the American public from the consequences of it’s own poor voting decisions.
I don’t disagree with that sentiment, at all. He actually hit the nail right on the head. I did however disagree with his ruling because I wanted a strong and renewed judicial emphasis on the limitations provided by the 10th Amendment.
It's not sloppy, it was intentional. Earlier drafts of the legislation had a federal subsidy defined, but it was removed in the effort to get the CBO scoring under $1T in cost.
“I have a feeling this will be a short-lived victory. Most articles I’ve read on this case have noted that we got a pretty friendly 3-judge panel, but that the DC Circuit as a whole leans Democrat. So, I’d expect Obama to appeal for a rehearing en banc, and would not be surprised if the full court reversed this”
I would think nothing changes while there are appeals, so the DC opinion is pretty much worthless. Either way DC votes the opposing side will appeal the decision. It comes down to Roberts and only Roberts when it gets to the SC.
Hi Fantasywriter, I believe you are correct. People signing up for Obamacare in any of the affected states (like Georgia and Oklahoma) will not get federal subsidies to reduce the price.
I’m searching for the opinion of the Court. If someone finds it before me, please post. All I can find is the District Court opinion from January.
(Reuters) - A U.S. appeals court on Tuesday threw out a federal regulation that implements key subsidies that are vital to President Barack Obama’s healthcare overhaul.
The U.S. Court of Appeals for the District of Columbia Circuit accepted one of the main legal challenges to the policy by conservatives opposed to an expansion of the federal government.
A three-judge panel returned the case to a lower court with instructions to rule in favor of appellants who had sued to overturn the rule.
The ruling has the potential to cripple the implementation of the law by making health insurance unaffordable for many people.If the Obama administration appeals, the case could yet end up before the U.S. Supreme Court.
And, folks, this court decision comes in just as it was reported yesterday that Obamacare premiums are set to skyrocket by as much as 25% in nine states next year. The Regime did not expect to see this horrible news come out before the 2014 midterm elections.
Obamacare could well be on its way to a slow death of 10,000 cuts. Clearly, this is not a good day for the America-hating Communists.
IN that case, what can anybody say. Let Nancy P. and Obama live with their legislation, which they intentionally messed with to hit an artificial financial target of CBO scoring.
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