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Old 07-07-2014, 03:45 PM   #1
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Default Obamacare faces another court threat — and this one could be fatal


http://blogs.marketwatch.com/health-...ould-be-fatal/

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A case before the U.S. District Court of Appeals in the District of Columbia may determine the Affordable Care Act was written in such a way that it prevents the federal government’s HealthCare.gov web site from offering subsidies.
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Now such a ruling would have a long way to go before it actually would become enacted — and a lot of legal hoops would have to be jumped through — but such a finding could be a show-stopper for Obamacare. More than 5 million of the 8 million who signed up for Obamacare through the U.S. Department of Health and Human Services’ web site would thus not be eligible for tax credits. Most, presumably, would fall off the rolls of the insured.
The case that could be ruled upon as early as Tuesday is known as Halbig v. Burwell, formerly Halbig v. Sebelius. CNBC reported Monday two of the three judges who heard the case in March indicated they might rule in favor of the plaintiffs. And an op-ed piece in last week’s Los Angeles Times noted that lower courts may follow the Supreme Court’s lead, which has ruled the Obama administration has overstepped its bounds in recent cases.
There are at least three other similar cases to Halbig. They all contend that the ACA was written to grant subsidies only to those in states that have established their own health-insurance exchanges. It was something the federal government could not have foreseen, since it expected all states to set up their own networks, but only 16 states and the District of Columbia accomplished that task. Thirty-four states are using the federal government’s HealthCare.gov web site to find health coverage.
Phrasing in the law uses the words “established by the State” as opposed to “established under this Act” and plaintiffs in the cases have construed that to mean exchanges only established by a state. But the Halbig case, along with another in Virginia, were dismissed earlier this year when lower-court judges found the arguments for the plaintiffs to be off base, since the ACA’s subsidies clearly were meant for those in states where the federal government had to step in to establish the exchange.
Both Halbig and the Virginia case will be ruled upon by appeals courts. Two other cases are awaiting rulings on motions to dismiss those cases by district judges.
Should Halbig prevail, it’s expected the Obama administration will appeal immediately to all judges at the D.C. Circuit Court, and then it would go on to the Supreme Court from there. It’s not guaranteed, though, that the high court would hear the case. Obama administration officials are mum on the case until there is a ruling in the D.C. court.
One question that remains unanswered: Why didn’t Obamacare opponents in Congress key in on this when the law was being implemented late last year and early this year?
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Old 07-07-2014, 09:21 PM   #2
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Default Re: Obamacare faces another court threat — and this one could be fatal

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I guess is corporate America missed a few of dotting the i's and crossing t's when writing this bill and didn't tell the republicans.
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Old 07-08-2014, 12:09 AM   #3
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Default Re: Obamacare faces another court threat — and this one could be fatal

Wouldn't they have to read it first.
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Old 07-08-2014, 06:49 AM   #4
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Default Re: Obamacare faces another court threat — and this one could be fatal

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Wouldn't they have to read it first.
You and your silly common sense.
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Old 07-08-2014, 07:31 AM   #5
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Default Re: Obamacare faces another court threat — and this one could be fatal

Given the increasingly partisan nature of judicial opinions at the appellate and Supreme Court levels this case presumably will be resolved on the basis of which party appointed the judges - right now that probably means a 5-4 Supreme Court decision in favor of those challenging the law

Was it a drafting error or an incentive?

Better question: Does it even matter? Two out of three D.C. Circuit judges on the panel, one a George H. W. Bush appointee, the other a George W. Bush appointee, appeared to be leaning towards a textual interpretation, according to a recap of the arguments by MSNBC.

Mistake or intentional, if the statute's language is clear, the text controls, so the argument goes.

"If the legislation is just stupid, I don't think it's up to the court to save it," Judge A. Raymond Randolph stated. He was joined by Judge Thomas B. Griffith who noted, "The key language is 'established by the state.'"

Judge Harry Edwards, a Jimmy Carter appointee, disagreed, stating, "I've thought about this a lot, your argument makes no sense. What you're asking for is to destroy the individual mandate and gut the statute ... That's what this is about."

While Edwards may be in the minority for now, should the case proceed to an en banc rehearing, the IRS's odds will certainly improve, as a majority of the D.C. Circuit overall are Democratic appointees, thanks to four recent post-filibuster Obama appointments.

And then, of course, there would be a Supreme Court cert. petition.


http://blogs.findlaw.com/dc_circuit/...y-lawsuit.html

If those having insurance through a federal exchange lose it, I look forward to the GOP governors and legislators who declined to set up exchanges in their States explaining how that is not their fault, given how GOP officials are not quite as adamant in their opposition to Obamacare when it benefits their constituents
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Old 07-08-2014, 10:14 AM   #6
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Default Re: Obamacare faces another court threat — and this one could be fatal

I PRAY that it dies!!!! It's been a horrible thing from the start, shoved down the throat of Americans that didn't want it, has NO BUSINESS fining ANYONE if they don't carry insurance and first and foremost it was illegal to begin with because it didn't generate I think from the Senate????

Dear God, if we can't impeach him at least let's take his "crowning glory" away from him. That would be awesome!! And affordable my ass...my insurance went up 1200 a year because of this Ovomitcare piece of shit bill.
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Old 07-08-2014, 10:18 AM   #7
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Default Re: Obamacare faces another court threat — and this one could be fatal

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a horrible thing from
my ass...
piece of shit
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Old 07-08-2014, 10:23 AM   #8
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Default Re: Obamacare faces another court threat — and this one could be fatal

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I PRAY that it dies!!!! It's been a horrible thing from the start, shoved down the throat of Americans that didn't want it, has NO BUSINESS fining ANYONE if they don't carry insurance and first and foremost it was illegal to begin with because it didn't generate I think from the Senate????

Dear God, if we can't impeach him at least let's take his "crowning glory" away from him. That would be awesome!! And affordable my ass...my insurance went up 1200 a year because of this Ovomitcare piece of shit bill.
So in other words I guess you do not agree with the majority opinion of Chief Justice Roberts establishing the constitutionality of the individual mandate

Thanks for another well reasoned, temperate and articulate analysis of a complex issue
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Old 07-08-2014, 11:01 AM   #9
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Default Re: Obamacare faces another court threat — and this one could be fatal

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So in other words I guess you do not agree with the majority opinion of Chief Justice Roberts establishing the constitutionality of the individual mandate

Thanks for another well reasoned, temperate and articulate analysis of a complex issue
It's illegal because I believe it to be illegal
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Old 07-08-2014, 11:18 AM   #10
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Default Re: Obamacare faces another court threat — and this one could be fatal

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