Posted on 07/22/2014 10:32:52 AM PDT by maggief
The 4th Circuit Court of Appeals ruled Tuesday that ObamaCare subsidies issued through the federal exchanges are legal, contradicting a separate ruling by the D.C. Circuit Court on the same day.
Fourth Circuit Judge Roger Gregory argued that because the statutory language of the Affordable Care Act (ACA) is ambiguous, courts should defer to the interpretation of the Internal Revenue Service and allow the subsides to stand.
"Applying deference to the IRS's determination … we uphold the rule as a permissible exercise of the agency's discretion," Gregory wrote.
The decision came just hours after the D.C. Circuit Court of Appeals came to the opposite conclusion in its ruling. "Because we conclude that the ACA unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges 'established by the State,' we reverse the district court and vacate the IRS’s regulation," a three-judge panel ruled.
The conflicting rulings sets up a circuit split that could fast track the cases to the Supreme Court.
The fight centers on language in the healthcare law related to the distribution of subsidies intended to help consumers pay for insurance.
Conservatives challenging the law say it does not permit the IRS to provide the subsidy help through the federal ObamaCare exchange, which covers the states that declined to set up their own system for buying coverage.
Critics of the lawsuit reject that argument and say Congress clearly intended to provide subsidies to everyone in ObamaCare.
The outcome of the battle will have huge repercussions for the healthcare law. Experts estimate that the ruling against the law, if upheld, could block roughly $36 billion in subsidies for the roughly 5 million people already enrolled.
Some have speculated that consumers might even have to pay back the subsidies they have received from the government.
Should hasten the trip to SCOTUS
The fix is always in with these guys...
Oh wow, what a surprise.
He’s one of obongo’s people appointed by clintoon.
http://en.wikipedia.org/wiki/Roger_Gregory
Law is only “ambiguous” when the Left wants it to be. They can read ANYTHING into a law, even the Constitution, when the plain language goes against their agenda.
These 5 million people reside in predominantly conservative states. The Republicans will be blamed for the resulting fiasco if the subsidies are struck down.
This could dwarf everything else in the news and provide the Democrats cover for the November elections.
Which convenes against when; in Oktober?
The fix is always in with these guys...
Thats what libs are saying about the dc circuit.
This is 100% correct.
“Should hasten the trip to SCOTUS”
Which means that the law is functioning as designed: drive voting patters by hooking people on government dependency.
Not only will the LOSERS and SLACKERS not be able to get their subsidies, they will have to PAY BACK the handouts they have gotten so far! That will be SWEET!
Anyone who won’t pat back the subsidies in 90 days should go to jail for grand theft.
the ruling against the law, if upheld, could block roughly $36 billion in subsidies for the roughly 5 million people already enrolled.
These 5 million people reside in predominantly conservative states. The Republicans will be blamed for the resulting fiasco if the subsidies are struck down.
This could dwarf everything else in the news and provide the Democrats cover for the November elections.
Yup. Gonna be a lot more pissed off people pulling the lever for the donks in November.
That's what libs are saying about the dc circuit.
Regardless what decision the full 9-member court decides it's certain to be appealed to SCOTUS after today's legal shenanigans. Not that you should suspect anything funny going on with the timing of the ruling by the 4th court panel immediately following the DC panel ruling.
http://www.supremecourt.gov/about/procedures.aspx
A Term of the Supreme Court begins, by statute, on the first Monday in October.
Specious reasoning. If the language didn't specify, then the BUREAUCRACY gets to write the law????? Absurd.
Someone show him Article I, Section 1 of the Constitution.
ALL legislative power is given to Congress. ALL. PERIOD. FULL STOP. END OF STORY.
Except if the full DC court overrules the panel there will be no conflict. Wouldn't SCOTUS wait until the DC circuit has finally decided before agreeing to hear the case based on conflict?
And since the location of e-mail correspondence from Lois Lerner & other officials related to the recent investigation is unclear, we should defer to the assertion of the Internal Revenue Service that nothing incriminating exists ....
Examine the words used for the ruling is by the 4th panel. The law is too ambiguous to establish one way or the other so lets just leave it the way its working right now. That’s stupid, non-law based speak cop-out. It’s a non-ruling being spun into a positive for keeping in place lawless transfers of money.
ALL legislative power is given to Congress. ALL. PERIOD. FULL STOP. END OF STORY.
Tell that to The One. He says no,,,and has a phone and a pen.
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