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William Levin: Obamacare Death Throes
Powerline, by Scott Johnson

Original Article

Posted By:solalogos, 1/21/2014 11:01:10 AM

William Levin, a graduate of Yale Law School and former clerk on the D.C. Circuit, manages an investment banking firm. He writes to comment on the case involving the legality of Obamacare subsidies on the 36 federally facilitated exchanges provided to states that have not established their own. Last week D.C. District Judge Paul Friedman ruled that the subsidies provided on these exchanges were legal despite statutory language to the contrary. Judge Friedman’s opinion is posted online here. Mr. Levin comments:

      


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Reply 1 - Posted by: steph_gray, 1/21/2014 11:59:50 AM     (No. 9700060)

Are the Must Reads full? This sounds like good news from the secret land of the grownups.

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Reply 2 - Posted by: Grady, 1/21/2014 12:26:09 PM     (No. 9700087)

FTA—"The reversible error is clear in logic and the law. The federal government acting on behalf of a state does not become a state. Nor in truth does the federal government act on the state’s behalf. The “federally-facilitated exchange” is a phrase of pure invention by the IRS."

Obamacare fails every test, but we have radical judges or justices or a president that rewrite law from the bench.

So it survives through corruption.

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Reply 3 - Posted by: Philipsonh, 1/21/2014 12:48:38 PM     (No. 9700111)

So the law makes a clear statement and the Judge rules that the law is contrary to the statement because that isn´t what the people that wrote the law meant. Two words, "astounding stupidity ". If the law was mis-written, it is NOT up to the judge to re-write it, it is up to the judge to RULE ON THE LAW.
Of course, since Chief Justice Roberts did the same, then he has set the precedent, and laws no longer have any standing in the USA. They are meaningless words on paper that do not apply in the real World.

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Reply 4 - Posted by: msjena, 1/21/2014 3:39:00 PM     (No. 9700265)

This is why legislation of this magnitude needs bipartisan support. There are always things that need to be fixed in massive bills like that no one has read all the way through but, unfortunately for the Democrats, they no longer hold both houses of Congress. In fact, they had lost their super-majority in the Senate (Scott Brown´s election) when they shoved this thing through on Christmas Eve 2010. Now it can´t be fixed. Boo hoo!

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Reply 5 - Posted by: Deedo, 1/21/2014 5:24:58 PM     (No. 9700399)

The fact that the statute clearly specifies that states that set up their own exchange are eligible for a subsidy MUST mean that there were states that would not be eligible (those that received a subsidy or did not set up their own exchange).

If the IRS have their way, all states would get a subsidy contrary to the clear intent of the statute that only certain states that meet the merits clearly stated in the statute would.


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Reply 6 - Posted by: SaguaroJack, 1/21/2014 9:29:21 PM     (No. 9700570)

Uh, no. Obamacare is not dying, is not "in its death throes." No matter how insane it gets, the political class will not let Ocare die. They, dems and pubs alike, WANT Ocare to beggar us and they´ll ensure it does just that no matter what it takes, even if it comes to shooting us in the streets.

Oh, they´ll call that sort of thing something else, but the animus behind it will be to ensure Ocare survives in order to ensure that they, The Select, continue to lord it over us. They are the true Master Race, regardless of their color or accent.



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Posted By: solalogos- 1/21/2014 11:01:10 AM     Post Reply
William Levin, a graduate of Yale Law School and former clerk on the D.C. Circuit, manages an investment banking firm. He writes to comment on the case involving the legality of Obamacare subsidies on the 36 federally facilitated exchanges provided to states that have not established their own. Last week D.C. District Judge Paul Friedman ruled that the subsidies provided on these exchanges were legal despite statutory language to the contrary. Judge Friedman’s opinion is posted online here. Mr. Levin comments:

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