In a potentially crippling blow to Obamacare, a federal appeals court panel declared Tuesday that government subsidies worth billions of dollars that helped 4.7 million people buy insurance on HealthCare.gov are illegal.
The 2-1 ruling said such subsidies can be granted only to people who bought insurance in an Obamacare exchange run by an individual state or the District of Columbia—not on the federally run exchange HealthCare.gov. The ruling relied on a close reading of the Affordable Care Act.
"Section 36B plainly makes subsidies available in the Exchanges established by states," wrote Senior Circuit Judge Raymond Randolph in his majority opinion, where he was joined by Judge Thomas Griffith.
"We reach this conclusion, frankly, with reluctance. At least until states that wish to can set up their own Exchanges, our ruling will likely have significant consequences both for millions of individuals receiving tax credits through federal Exchanges and for health insurance markets more broadly."
In his dissent, Judge Harry Edwards, who called the case a "not-so-veiled attempt to gut" Obamacare, wrote that the judgment of the majority "portends disastrous consequences."
That last judge, the dissenting one, gives as his reasoning the consequences of this decision rather than the legal interpretation of their choice. That's exactly how this Country is being led to hell in a hand basket by the Courts. Legislating from the bench based on the outcome rather than the legal merits of a case.
******************* "The best way to get a bad law repealed is to enforce it strictly." Abraham Lincoln
"The sanctity of human life before birth, the respect for our culture's religious underpinnings and the hallowedness of the M/F marital bond are all being stripped of their value and reduced to natural commodities with the sole purpose of serving our personal gratification."
Who forgot to teach these liberal idiots if you don't like the law, change it? But you can't selectively enforce laws as Obama has instructed Holder nor should you be ruling against a law because you don't like the outcome of a proper interpretation.
******************* "The best way to get a bad law repealed is to enforce it strictly." Abraham Lincoln
"The sanctity of human life before birth, the respect for our culture's religious underpinnings and the hallowedness of the M/F marital bond are all being stripped of their value and reduced to natural commodities with the sole purpose of serving our personal gratification."
Quote: ThirstyMan wrote in post #2Who forgot to teach these liberal idiots if you don't like the law, change it? But you can't selectively enforce laws as Obama has instructed Holder nor should you be ruling against a law because you don't like the outcome of a proper interpretation.
Here's SC Justice Scalia saying the same thing in legalese: “The power of executing the laws necessarily includes both authority and responsibility to resolve some questions left open by Congress that arise during the law’s administration. But it does not include a power to revise clear statutory terms that turn out not to work in practice,” Justice Antonin Scalia wrote in an opinion that Justice Roberts joined in full. http://www.supremecourt.gov/opinions/13pdf/12-1146_4g18.pdf
******************* "The best way to get a bad law repealed is to enforce it strictly." Abraham Lincoln
"The sanctity of human life before birth, the respect for our culture's religious underpinnings and the hallowedness of the M/F marital bond are all being stripped of their value and reduced to natural commodities with the sole purpose of serving our personal gratification."
The libs are screwed. Obamacare alterations are going down
...if the Republicans hold tight..
******************* "The best way to get a bad law repealed is to enforce it strictly." Abraham Lincoln
"The sanctity of human life before birth, the respect for our culture's religious underpinnings and the hallowedness of the M/F marital bond are all being stripped of their value and reduced to natural commodities with the sole purpose of serving our personal gratification."