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07-22-2014, 08:51 AM
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Appeals Court just killed obamacare? (L)
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07-22-2014, 09:03 AM
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Re: Appeals Court just killed obamacare? (L)
Halbig v. Burwell: D.C. Circuit Strikes Down Unlawful IRS Obamacare Subsidies
The D.C. Circuit just handed down its landmark decision in Halbig v. Burwell, a case challenging the IRS’s interpretation of its ability to grant tax subsidies under the Affordable Care Act. In a 2-1 decision, the D.C. Circuit vacated the IRS’s regulation on the grounds that the agency was not permitted to give tax subsidies except in states that had an Obamacare exchange “established by the State.” Judges Griffith wrote the majority opinion with Judge Randolph joining and writing a separate concurrence. Judge Edwards dissented.
I am currently reading the opinion and will have thoughts once I’m finished. Until then, you might enjoy reading my previous Bench Memos coverage of the case here and here. It’s hard to overstate how important this decision is.
http://www.nationalreview.com/bench-...care-subsidies
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07-22-2014, 09:07 AM
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Re: Appeals Court just killed obamacare? (L)
The government is expected to appeal the ruling to the full D.C. Circuit, but even if the administration triumphs there, the case appears destined for the Supreme Court.
http://thehill.com/policy/healthcare...care-subsidies
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07-22-2014, 09:33 AM
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Re: Appeals Court just killed obamacare? (L)
It's going to the Supremes, where Chief Justice Roberts will, once again, side with the administration for fear of polarizing and making SCOTUS seem politically motivated.
Hopefully I'm wrong and the 4 conservatives and 1 swing vote in Kennedy all side against this thing and kick it to the curb.
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07-22-2014, 09:59 AM
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Re: Appeals Court just killed obamacare? (L)
Quote:
Originally Posted by n david
It's going to the Supremes, where Chief Justice Roberts will, once again, side with the administration for fear of polarizing and making SCOTUS seem politically motivated.
Hopefully I'm wrong and the 4 conservatives and 1 swing vote in Kennedy all side against this thing and kick it to the curb.
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I agree. Not trusting Roberts at all.
“The D.C. Circuit’s decision today in Halbig v. Burwell is a repudiation of Obamacare and all the lawlessness that has come with it,” said Sen. Cruz. “The Obama Administration, through the Internal Revenue Service, has attempted to dispense revenues to the states without proper congressional authorization, robbing Congress of its constitutionally-provided power of the purse. This decision restores power to Congress and to the people and if properly enforced, should shield citizens from Obamacare’s insidious penalties, mandates, and subsidies. This is a significant victory for the American people and the rule of law, but we must not rest. Americans will continue to lose jobs, pay higher premiums, and receive fewer healthcare choices because of this disastrous law. Every last word of Obamacare must be repealed to restore jobs, growth, and opportunity in our country.” - Senator Ted Cruz
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07-22-2014, 10:10 AM
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Re: Appeals Court just killed obamacare? (L)
For me it seems civil unrest is coming. Obama care, illegals,the gaying of America, ruling from the bench, abortion, etc,etc,etc.
I have to get myself motivated and move south.
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07-22-2014, 11:31 AM
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Re: Appeals Court just killed obamacare? (L)
This case is important because without the tax subsidies, there isn't any savings for the individual.
Without the savings, the rates for the individual will SKYROCKET!
If this whole thing had been presented like the tax it is from the very begining, then this would not be an issue.
But then again, I remember how absolutely looney some folks were behaving at the "town hall meetings" in some places-- showing up with shotguns and such. The whole atmosphere in some parts of the country when this was being discussed was just insane!
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"The choices we make reveal the true nature of our character."
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07-22-2014, 04:14 PM
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Re: Appeals Court just killed obamacare? (L)
Didn't take long.....
A second federal court ruled Tuesday that Obamacare subsidies in federal exchanges are in fact legal, just hours after the D.C. Circuit Court ruled just the opposite.
The D.C. appeals court found the subsidies to federal exchange customers illegal largely based on the letter of the law. The Fourth Circuit, instead said the language was “ambiguous” and deferred to the administration’s “discretion,” while also giving weight to their interpretation of Congress’s intent — and to their feeling that Obamacare subsidies are “desperately-needed.”
http://dailycaller.com/2014/07/22/se...tating-ruling/
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07-22-2014, 06:27 PM
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Re: Appeals Court just killed obamacare? (L)
Quote:
Originally Posted by Pressing-On
Didn't take long.....
A second federal court ruled Tuesday that Obamacare subsidies in federal exchanges are in fact legal, just hours after the D.C. Circuit Court ruled just the opposite.
The D.C. appeals court found the subsidies to federal exchange customers illegal largely based on the letter of the law. The Fourth Circuit, instead said the language was “ambiguous” and deferred to the administration’s “discretion,” while also giving weight to their interpretation of Congress’s intent — and to their feeling that Obamacare subsidies are “desperately-needed.”
http://dailycaller.com/2014/07/22/se...tating-ruling/
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This will go to SCOTUS
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