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More legal trouble for Affordable
Care Act

Los Angeles Times, by David G. Savage

Original Article

Posted By:mitzi, 10/26/2013 2:10:48 PM

WASHINGTON— If computer glitches are not enough of a problem, President Obama´s healthcare law also has a legal glitch that critics say could cause it to unravel in more than half the nation. The Affordable Care Act proposes to make health insurance affordable to millions of low-income Americans by offering them tax credits to help cover the cost. To receive the credit, the law twice says they must buy insurance "through an exchange established by the state." But 36 states have decided against opening exchanges for now. Although the law permits the federal government to open exchanges instead, it does

Comments:
I wonder, does ACA apply to people who are citizens but do not live in a "state." Such as: District of Colombia, and territories ... Guam, Puerto Rico, et al. No subsidies for them!

      


Post Reply  

Reply 1 - Posted by: woofwoofwoof, 10/26/2013 2:20:38 PM     (No. 9583722)

The LA Times deigns to perform a random act of journalism.

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Reply 2 - Posted by: Attila DiMedici, 10/26/2013 2:30:31 PM     (No. 9583737)

Once more the press attempts to rewrite history. The clause was written the way it was in an attempt to entice states into setting up exchanges themselves. I do not have a link at the moment, but I remember seeing references to things said by Democratic Senators to that effect back when this law was just a bill being debated.

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Reply 3 - Posted by: Nevadadad46, 10/26/2013 2:53:14 PM     (No. 9583765)

A few days ago, I posted the clause and sentences that foundation this claim. They are pretty well stated that only the state exchanges can subsidize the individuals who qualify for such subsidies. It´s not a slam-dunk, though. This Administration has already established the letter of the law means nothing to them. Such as Øbama unilaterally, and illegally simply delaying the business mandates. Law? What "Law"? The law is what ever you can get away with. Lately, Øbama, the Democrats in the Senate and the libtard media have been getting away with murder. The people are still in a "dial tone" mode.

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Reply 4 - Posted by: oh-heck, 10/26/2013 3:03:27 PM     (No. 9583773)

Simon Lazarus, a lawyer for the Constitutional Accountability Center, "The lawsuits should be seen as preposterous," he said, because they ask judges to give the law a "nonsensical" interpretation.

"They are betting on getting five votes at the Supreme Court," Lazarus said. "I don´t think it will happen."

Liberals never get it. The law will be examined for what the clear text says. If the Supreme Court reads that subsidies may only be paid to those who buy insurance from state created exchanges, the ruling may well be unanimous.

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Reply 5 - Posted by: woofwoofwoof, 10/26/2013 3:13:28 PM     (No. 9583786)

#2, interesting. It would make sense. Like the sequester, no state would dare NOT have an exchange, right?

And then it looks a little less like a federal takeover. Just 57 shades of Romneycare, right?

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Reply 6 - Posted by: kafir091101, 10/26/2013 3:22:21 PM     (No. 9583797)

#2:

I also remember the public debate about Congress´ intent to punish states that would not set up exchanges by withholding subsidies from their citizens while giving them to others.

Easily swept under the rug by way of a few IRS regulations!

And #3:

I agree. Even if a temporary injunction is issued by one or all of these judges, the Progressive/Commie/Fascist in the WH will issue an executive order to ignore the courts.

If so, the House should run through the IMPEACHMENT process, if anything, just for the fun of it and if The Bonner won´t allow it, he should be de-throned!

´Evil advances when good men do nothing´

Kafir

PS: In his eight years a CIC, Gen Washington lost each of his battles except Trenton and Yorktown but look at the magnificent final results of all his losses!


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Reply 7 - Posted by: 6079 Smith, W, 10/26/2013 3:25:44 PM     (No. 9583800)

The law also says that the mandate for businesses over 50 employees goes into effect on Jan 1, 2014 and Obama, et al, had no qualms about ignoring that.

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Reply 8 - Posted by: nevernaught, 10/26/2013 4:04:42 PM     (No. 9583834)



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Reply 9 - Posted by: nevernaught, 10/26/2013 4:07:01 PM     (No. 9583835)

Geesh... stop calling it that. It´s the Obama Unaffordable Economic Suicide Pact.

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Reply 10 - Posted by: lakerman1, 10/26/2013 4:38:08 PM     (No. 9583864)

Chief Justice John Roberts will ignore the clear language of the ACA, and decide what the intent of congress was.

Do not forget that Roberts listened to administration arguments on day one that the
ACA penalty for failing to enroll was not a tax, and on day two, listened to administration arguments that it was a tax.
Roberts chose day two.

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Reply 11 - Posted by: Philipsonh, 10/26/2013 4:38:53 PM     (No. 9583865)

Just a glitch in the law that the Supreme Court can twist to make legal and Constitutional. As they did with the Individual Mandate. Its not what the law SAYS, it what the law MEANT to mandate.

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Reply 12 - Posted by: mustang flyer, 10/26/2013 4:45:04 PM     (No. 9583870)

This is like a patient being seen by a gaggle of doctors and they all prescribe something without consulting the others...can the results be beneficial???

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Reply 13 - Posted by: Libertygal, 10/26/2013 4:51:31 PM     (No. 9583881)

The same law also stated that states that did not set up their own exchanges could not be penalized, nor could citizens of that state that refused or failed to buy insurance, nor companies.

They simply did not expect so many states to refuse, and instead allow the Federal Government to set up the exchanges. Simply put, they attempted, miserably, to bribe the states with Federal money for Medicaid, if they did it themselves.

Unfortunately for them, they once again underestimated, as Obama, Pelosi, and Reid are wont to do, and the loophole on the penalties was discovered. They scrambled to re-write the law to cover the loophole, and to hide their mistake. All the while, failing to go through the proper channels to re-write the law. It was in the "media" a short time before it got stifled. Now, the unauthorized re-write is the "law", except - it isn´t. Anyone that was paying attention can likely successfully challenge this.

Many aspects of this law, how it was written, introduced, passed, then "edited", are not legal. Very challengeable, and likely to be the only real death of it. Only by executive order will he be able to keep it going.

Good luck finding that original copy. Perhaps an FOIA to the Supreme Court would be the best way to obtain one.

Will he, or won´t he? I think many will have an opinion.


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Reply 14 - Posted by: Rumblehog, 10/26/2013 6:15:55 PM     (No. 9583950)

Here´s the deal.
- A majority of the States which comprise the Union are opposed to this "beast from hell".
- A majority of Americans are opposed to it also.
- It was rammed down the throats of the American public by a one-party rule using an un-Constitutional "Budget Reconciliation" gimmick, allowing a spending bill to originate in the Senate, providing it did not increase the spending.
- The Obama GAO illegally falsified data to present to an anxious Democrat controlled House to justify the Budget Reconciliation scam and force a strictly party-line vote.
- The normal legislation process was not followed, and all Senate debate was squelched.
- The House wasn´t given any time to read the horrendous 1,500+ page monstrosity.
- Nancy Pelosi infamously said, "We have to pass it to see what´s in it."
- Obama publicly lied about so many aspects of his "signature Bill" to "sell" it to the ignorant masses, that if an American CEO had done the same thing, the DOJ would indict him on Federal racketeering charges, and more.
- This Law un-Constitutionally grants certain citizens immunity from its power (Congressional Staffers), establishes them as a separate "class".
- The Bill was written with no Separation Clause, so, if even one small piece of the house of cards is found to be legally faulty, the entire law is null and void.
- The Bill was a witches brew concoction of Congressional staffers, lobbyists, special interest groups, and ultra-leftist Commie-crats.
- Obama has illegally been deciding what part of the law to enforce and to whom it applies.
- The HHS is refusing to allow Congress information regarding the creation and implementation of the beast.

Yet all the above is only how we got to where we are today!

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Reply 15 - Posted by: Rumblehog, 10/26/2013 6:16:28 PM     (No. 9583951)

(cont´d)

- Now we find out there was a potentially illegal "no bid" contract given to a shady foreign organization with political ties to the Obama WH.
- This "Friend Of Michelle" company was paid massive dollars, yet delivered such a pathetic product that it must be due to gross ineptitude, massive corruption, or both.

With all that said, at least one Judge, aware of all this bad juju surrounding this nightmare of a law from reading alternative media, is going to realize this demon-child of the Anti-American Illuminati needs to be dipped in garlic, shot with a silver bullet, and a wooden stake driven through its wickedly evil heart.

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Reply 16 - Posted by: Ben Around, 10/26/2013 7:10:23 PM     (No. 9584010)

If it comes down to the court, roberts will be happy to save those miserable, incompetent boobs in congress again and rule the law means anything the dems want it to mean. The only thing that will save the country from this abominable law is the gov´t inability to implement and administer this mess.

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Reply 17 - Posted by: lil dotty, 10/26/2013 11:41:58 PM     (No. 9584207)

As we are no longer a country of laws, what does it matter at this point? However Fox News panel discussed this on the show this afternoon and the attorneys seemed to think what is written will be upheld by the court. As this particular segment was not heard intently, unable to properly explain the reasons why, but do remember their discussing a possible outcome.


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Reply 18 - Posted by: retCPO, 10/27/2013 2:17:38 PM     (No. 9584869)

It is inexplicable to me that conservatives are entirely silent on this matter. Seems to me to be the dragon slayer.

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