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Wow – D.C. Court of Appeals strikes
Obamacare federal insurance
exchange subsidy regulation

Legal Insurrection, by William A. Jacobson

Original Article

Posted By:mitzi, 7/22/2014 10:45:01 AM

Decision just released in Halbig case. Here’s the punchline: Appellants are a group of individuals and employers residing in states that did not establish Exchanges. For reasons we explain more fully below, the IRS’s interpretation of section 36B makes them subject to certain penalties under the ACA that they would rather not face. Believing that the IRS’s interpretation is inconsistent with section 36B, appellants challenge the regulation under the Administrative Procedure Act (APA), alleging that it is not “in accordance with law.” 5 U.S.C. § 706(2)(A). ...Because we conclude that the ACA unambiguously restricts the section 36B

      


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Reply 1 - Posted by: chicodon, 7/22/2014 10:50:33 AM     (No. 9935217)

They had no other choice. I predict 9-0 in the SCOTUS to uphold. Yes, even the Communists will be forced to go along.

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Reply 2 - Posted by: mitzi, 7/22/2014 10:52:11 AM     (No. 9935219)

A pdf of the decision is posted:

http://www.docstoc.com/docs/171933845/Obamacare-Federal-Exchange-Subsidy-Ruling---DC-Court-of-Appealspdf



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Reply 3 - Posted by: Bamboozle, 7/22/2014 10:52:46 AM     (No. 9935222)

This of course will be blamed on Scott Walker and the other 36 governors who wisely refused to mire their States in the bottomless pit of obamacare registries.

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Reply 4 - Posted by: grace1798, 7/22/2014 10:54:43 AM     (No. 9935228)

Got to Love this! Hope it´s upheld!

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Reply 5 - Posted by: WhamDBambam, 7/22/2014 10:57:53 AM     (No. 9935239)

Watch the Fourth Circuit Squishes come to a completely opposite result in the similar appeal pending before them whose decision is "immanent." if so, a conflict in the circuits probably means a quick disposition by SCOTUS.

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Reply 6 - Posted by: jntsrgn, 7/22/2014 10:59:52 AM     (No. 9935243)

Roberts will get a chance to humiliate himself again.

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Reply 7 - Posted by: Carolina Kat, 7/22/2014 11:01:36 AM     (No. 9935245)

Oh my but this is stellar news! If the DC Appellate Court ruled this way, there is hope. Without the subsidies the voter outrage of even the takers is in play this fall. How will the IRS even afford to outsource its evidence destruction without the planned enforcement (extortion) of the ACA?

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Reply 8 - Posted by: krause, 7/22/2014 11:09:45 AM     (No. 9935258)

Looks like the WH threats aren´t working any more.

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Reply 9 - Posted by: ZurichMike, 7/22/2014 11:16:40 AM     (No. 9935277)

Don´t celebrate just yet. The appeal will be first to the full court of appeal. Obama filled four vacancies -- there is now a majority of Democrat-appointed judges on the appeals court.

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Reply 10 - Posted by: CharlyG, 7/22/2014 11:33:47 AM     (No. 9935322)

Who were the three on the panel?

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Reply 11 - Posted by: RedLegLeader68, 7/22/2014 11:51:29 AM     (No. 9935352)

Of course, there is this, from the AP: "Obama administration says health care subsidies will keep flowing despite court decision."

...a pen and a phone...

Let´s just see how the "leaders" in the Republican Party react to this news in the House. Funding? What funding? /s

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Reply 12 - Posted by: Heraclitus, 7/22/2014 12:10:25 PM     (No. 9935393)

the rogue government says "not to worry! subsidies will continue flowing"

Just another example of how lawless this administration is. This breakdown of Law is deadly to a Republic.

From the beginning, this legislation has been irregular, unevenly applied.



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Reply 13 - Posted by: msjena, 7/22/2014 12:19:06 PM     (No. 9935402)

It´s a 2-1 decision. Edwards, a liberal black judge, dissented. This is going to the Supreme Court, no matter what. This bill was rushed through on Christmas Eve, before the Republicans took over the House. It was poorly drafted as a result and the Democrats get what they deserve. The people spoke when they voted in 2010: no Obamacare. This just puts things right.

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