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Fed appeals court panel says
most Obamacare subsidies illegal

CNBC, by Dan Mangan

Original Article

Posted By:Maryland_Patriot, 7/22/2014 11:20:25 AM

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. "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,

      


Post Reply  

Reply 1 - Posted by: IowaDad, 7/22/2014 11:27:11 AM     (No. 9935309)

OK, Congress, the ball is in your court.

You can pass a one page bill this afternoon ammending the language of the ACA to give subsidies to individuals enrolled through federally-established exchanges.

Or, you can do nothing, screwing the whole kit and kaboodle up into a terminal morass.

Your answer please?

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Reply 2 - Posted by: Janylou, 7/22/2014 11:31:49 AM     (No. 9935317)

The 2000 plus page bill is a morass and needs to be done away with and started over. This is what the sneaky dems gets for trying to shove something through congress without bipartisan support, without anyone reading what was in it!

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R-G1
  


 
Reply 3 - Posted by: Bison65, 7/22/2014 11:36:39 AM     (No. 9935324)

The jug-eared adolescent and the race baiting racist Holder will simply ignore the ruling. They did just that when a federal judge tried to resume drilling in the Gulf of Mexico.

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Reply 4 - Posted by: NorthernDog, 7/22/2014 11:37:35 AM     (No. 9935328)

Does anyone think the administration will actually comply? Laws are just weapons to use willy-nilly against political enemies, and can be ignored whenever they annoy Democrats.

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Reply 5 - Posted by: Coy860, 7/22/2014 11:44:49 AM     (No. 9935340)

"We have to pass it to find out what´s in it"
Nancy Pelosi, (dummycrat).
Book her for committing FRAUD on the American People.

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Reply 6 - Posted by: curious1, 7/22/2014 11:47:02 AM     (No. 9935342)

#2, no starting over Just get government out of the medical and insurance arenas (It has NO constitutional authority to meddle there anyway). Things will quickly correct themselves. Remember: Government is the problem, not the solution!

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Reply 7 - Posted by: rubberneck, 7/22/2014 11:54:00 AM     (No. 9935355)

No problemo! The Constitutional Lawyer in the Oval Office will quickly circumvent these legal amateurs. /sarcasm

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R-VAR_AD
  


 
Reply 8 - Posted by: strike3, 7/22/2014 12:02:10 PM     (No. 9935371)

Obamacare is illegal, thus making every facet of it illegal.

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Reply 9 - Posted by: bpl40, 7/22/2014 12:03:44 PM     (No. 9935375)

Can the Executive branch spend money not authorized by Congress? We all know the obvious answer. So they get sneaky by pretending that it IS authorized though Congress doesn´t know it yet. Would you buy this? You would, if you are a left wing hack appointed by Reid/0bama to the Circuit Court. Four judges have been added to that bench after Dingy Harry exercised the nuclear option. This, was the reason. This for the SCOTUS to sort out.

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Reply 10 - Posted by: suziesuburbanite, 7/22/2014 12:34:48 PM     (No. 9935426)

Imagine that "established by the states" meant established by the states

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Reply 11 - Posted by: Packard Man, 7/22/2014 12:56:21 PM     (No. 9935448)

Ah, the mess get stickier and stickier!

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Reply 12 - Posted by: Amicus Veritatis, 7/22/2014 12:57:14 PM     (No. 9935449)

Obamacare - Kill it! Kill it! and not to be redundant, by whatever means necessary, Kill It!

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Reply 13 - Posted by: Butch59, 7/22/2014 1:16:28 PM     (No. 9935474)

It´s a given that this will eventually wind up in the SC. And given that 5 members of that court are "conservatives", one would think that it will be a slam dunk for the conservative side to come out winners. However, the is a very large problem with 2 of said members. John Roberts and Anthony Kennedy. And with they way that those two jump around, there is no way to guess which way they would vote. So, I´m not getting on the happy wagon until I hear what the final disposition is. And I wouldn´t be at all surprise if this current ruling is overturned.

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Reply 14 - Posted by: god of irony, 7/22/2014 1:16:55 PM     (No. 9935476)

#9, to be precise HHS is violating the Anti-Deficiency Act.

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Reply 15 - Posted by: GROUNDED, 7/22/2014 1:40:46 PM     (No. 9935506)

This is a 2-1 ruling by a three judge panel of the DC circuit. The Regime will appeal to the full DC circuit where the dims have a majority thanks to Harry Reid´s filibuster nuke option allowing Obama to put four new judges on the DC bench. The full court will probably reverse this ruling accordingly, putting the whole mess back in SCOTUS´ lap. Chief Justice Roberts will get another chance to show off his jurisprudence gymnastics ability if he tries to save the regime´s bacon again. The 3 judge panel made the correct decision vis a vis the law and precedent. The dissenting judge, Harry Edwards is a hard core lib whose dissent was not grounded in any consideration other than salvaging the ACA.

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Reply 16 - Posted by: steveW, 7/22/2014 1:45:50 PM     (No. 9935511)

Until it is illegal for anti-American Marxists to run for president, much less be elected, none of this really matters much, does it?

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Reply 17 - Posted by: Grampstosix, 7/22/2014 1:49:16 PM     (No. 9935515)

This was a real smack up side the head of Roberts who took it upon himself to rewrite a piece of the legislation so it could pass. He´d best not try that kind of thing again.

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Reply 18 - Posted by: bubby, 7/22/2014 2:10:09 PM     (No. 9935531)

As I posted before if the SC upholds the ruling obama will meet with Speaker Boner and the House will pass a fix to obamacare to include Federal exchanges rather than repeal it. That´s my guess.

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Reply 19 - Posted by: lil dotty, 7/22/2014 2:13:32 PM     (No. 9935537)

Seem to remember written into this bill (or lack of being written) If any portion of the bill is nullified, the entire law goes down the toilet. Do any others remember such discussion?

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Reply 20 - Posted by: Country Boy, 7/22/2014 2:19:41 PM     (No. 9935543)

#19, yes I think that is true, but I forget the legal term used.

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Reply 21 - Posted by: ocjim, 7/22/2014 2:29:23 PM     (No. 9935553)

Kill this coercive, corrosive EuroSocialist obamanation upon our nation!!!

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Reply 22 - Posted by: Gordon Mills, 7/22/2014 2:34:33 PM     (No. 9935558)

John Roberts is personally responsible for the implementation and mass confusion created by the law. He had an opportunity to put an end to the flawed law and blew it because he wanted to be liked by his friends in DC.

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Reply 23 - Posted by: Avanti1, 7/22/2014 2:44:02 PM     (No. 9935570)

#1

The whole ACA has been "a terminal morass" ever since it was passed years ago.

Rather than having Congress do as you suggest and "pass a one page bill this afternoon ammending the language of the ACA to give subsidies to individuals enrolled through federally-established exchanges," it would be better for Congress to pass and Obama to sign a single page bill repealing the entire bill. This would allow work to begin to write a workable bill that people (including members of Congress) can understand.

It is obvious that YEARS after it was passed people STILL do not know what is in the bill. Thanks, Ms Pelosi and Mr Reid, for pushing through such an vague, convoluted, poorly written and even more poorly thought-out piece of legislation.

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Reply 24 - Posted by: ocjim, 7/22/2014 2:45:26 PM     (No. 9935574)

#22, correct. Most properly it is ObamaRobertsCare. Give credit where credit is due to the legislating Chief Justice, who chose to protect his Roberts Court from certain leftist Palination rather than doing his sworn duty to rule on the Constitutionality of that law brought before the court.

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Reply 25 - Posted by: 4poster, 7/22/2014 3:54:32 PM     (No. 9935695)

"established by the states" meant established by the states

Yes, I remember at the time it was specifically worded thusly as incentive for states to set up their own marketplaces so their citizens could get the subsidy. Why does no one remember this?

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Reply 26 - Posted by: legalart, 7/22/2014 4:20:08 PM     (No. 9935732)

It´s pointless to cheer and/or pick apart this ruling and its reasoning. It doesn´t matter: the prez is going to ignore it, just as he has ignored all other court rulings over the past 6 years with all impunity. I´m still waiting for compliance with the court order against him for banning drilling in the Gulf, post-BP: he remains in contempt and nothing happens.

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Reply 27 - Posted by: JediJerry, 7/22/2014 4:27:17 PM     (No. 9935741)

Lil Johnny and Lil Mitch will fix it in the spirit of bipartisanship. Let´s not forget that the subsidies are not only for the insurance "policy" but prescription for those that are receiving policy subsidies are subsidized as well. I know someone with a subsidized policy that gets prescribed eye drops and the co pay is $6.00 and the actual cost for the drops is $140 for a 2 week supply.

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Reply 28 - Posted by: preciosodrogas, 7/22/2014 4:28:32 PM     (No. 9935744)

Re:19, 20, the term is severability. In their rush they forgot to include the standard boilplate severability clause which holds that where any part of the contract/law is declared invalid it does not invalidate the whole contract/law which remains in full force and effect. Otherwise, where any part is declared invalid the whole gets thrown out.
It´s a problem but they will look for a way not to throw it all out because of that forgotten clause.

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Reply 29 - Posted by: chicodon, 7/22/2014 4:43:33 PM     (No. 9935774)

Of course the second later decision defies logic.

To the 4th Circuit Court of Appeals unambiguous words become fuzzy. The law implicitly excludes federal exchanges but I guess it depends on the meaning of the word "unambiguous".

Plaintiff:
The plaintiffs’ primary rationale for their interpretation is that the language says what it says, and that it clearly mentions state-run Exchanges under § 1311. If Congress meant to include federally-run Exchanges, it would not have specifically chosen the word “state” or referenced § 1311. The federal government is not a “State,” and so the phrase “Exchange established by the State under [§] 1311,” standing alone, supports the notion that credits are unavailable to consumers on 18 federal Exchanges. Further, the plaintiffs assert that because state and federal Exchanges are referred to separately in § 1311 and § 1321, the omission in 26 U.S.C. § 36B of any reference to federal Exchanges established under § 1321 represents an intentional choice on behalf of Congress to exclude federal Exchanges and include only state Exchanges established under § 1311.

Court:
However, when conducting statutory analysis, “a reviewing court should not confine itself to examining a particular statutory provision in isolation. Rather, [t]he meaning – or ambiguity – of certain words or phrases may only become evident when placed in context.”

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Reply 30 - Posted by: hicokid, 7/22/2014 5:00:14 PM     (No. 9935807)

The courts should divorce themselves from divining the intent of Congress. Obamacare plainly says what it says, and that´s the law. It should make no difference to the courts what the consequences may be when there is divided government. It should be sent back for Congress to fix. That´s their job, not the courts.

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Reply 31 - Posted by: Libertygal, 7/22/2014 6:28:54 PM     (No. 9935908)

The only problem with sending it back to SCOTUS is, it was SCOTUS that illegally wrote the part of the ACA calling it a tax, and therefore voluntary.

They would then find themselves ruling against themselves, if it goes back to SCOTUS, and they find in favor of Obama.

Though many were angry at the Roberts´ opinion, keep one thing in mind. He did urge people to fight the law through the courts if they thought it was problematic. He knew then there were issues, so he knew this was coming. Perhaps, in his wisdom, this was the plan all along? It remains to be seen, but it would certainly answer to Roberts´ handling of his opinion the way he sis.

Afterall, if it was deemed a tax, then comes back as was once voluntary as written by SCOTUS, they cannot rule against themselves. They must find for the people. In my opinion, it is an open and shut case, unless the qriting itself by SCOTUS, which was not legal, is challenged.

Then, we have a quandry.

The law must be rewritten, and pass through proper channels, House and Senate votes. I daresay, there are no longer enough Dem supporters, to repass the law.

They had to bribe 4 Dems, as it was. One of the bribes, the Mary Landreaux, was rescinded by Congress later. They took back most of the "Louisianna Purchase", one of the four final votes that passed the ACA.

There is no muster left, no Obama support, Dems are running scared, and distancing themselves. They know it, too.

That is why we have all the illegal rewrites.


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Posted By: LittleHoodedMonk- 9/20/2014 3:36:13 PM     Post Reply
Three and a half months have come and gone and the Pentagon has offered no clarity on what happened to alleged Army deserter and Taliban collaborator Sgt. Bowe Bergdahl. Fellow soldiers and other critics fear the military’s now-delayed investigation is shaping up to be a whitewash. The case has become a political powder keg for President Obama. Since he traded five imprisoned Taliban leaders for Bergdahl, the US Government Accountability Office has declared the swap illegal, and nearly two dozen House Democrats have joined Republicans in officially condemning the move for making “Americans less safe.”

Petition Urges Obama To Let Border-
Jumper Stay In The White House

26 replie(s)
Daily Caller, by Neil Munro    Original Article
Posted By: StormCnter- 9/21/2014 5:26:31 AM     Post Reply
The man who jumped the White House railing Sept. 19 deserves the right to live in President Barack Obama’s home, just as the president is allowing hundreds of thousands of border-jumping Central Americans to live in Americans’ homeland, says a new tongue-in-cheek petition posted at the White House website. “We urge President Obama to immediately and publicly recognize that Mr. Omar J. Gonzalez, an oppressed migrant, was merely looking for a better life when he entered the White House after going over the classist, divisive and needless fence,” says the petition, which was authored by D.A. King, founder of the Georgia-based

Two Redheaded Strangers
25 replie(s)
New York Times, by Maureen Dowd    Original Article
Posted By: JoniTx- 9/21/2014 4:41:06 AM     Post Reply
WASHINGTON — WHEN Willie Nelson invites you to get high with him on his bus, you go. The man is the patron saint of pot, after all, and I’m the poster girl for bad pot trips. It seemed like a match made in hash heaven. When Nelson sang at the 9:30 club in D.C. one recent night, I ventured onto the Honeysuckle Rose, as his tour bus and home-away-from-home is called. I was feeling pretty shy about meeting him. The 81-year-old Redheaded Stranger is an icon, one of America’s top songwriters and, as Rolling Stone said, “a hippie’s hippie and

Huma Abedin remains at Hillary
Clinton’s side despite sexting woes
with husband Anthony Weiner

25 replie(s)
New York Daily News, by Annie Karni    Original Article
Posted By: MissMolly- 9/21/2014 5:09:25 AM     Post Reply
When Anthony Weiner’s mayoral campaign imploded last year amid new sexting revelations, the fallout buffeted his wife, longtime Hillary Clinton aide Huma Abedin. Clinton’s inner circle was furious with Weiner, and Abedin’s role with Hillary was said to be in doubt. “Huma has a choice to make,” New York magazine quoted a “close associate” of Abedin’s as saying. “Does she go with Anthony, or does she go with Hillary?” The magazine described Abedin as “traumatized” by the prospect of leaving the inner sanctum. One year later, Abedin’s marriage to Weiner appears intact, and her role in Hillary’s camp is secure. As Clinton’s personal chief

Scott Brown riding an
anti-Obama wave in N.H.

24 replie(s)
Boston Globe, by Joshua Miller    Original Article
Posted By: MissMolly- 9/20/2014 12:51:40 PM     Post Reply
SALEM, N.H. — Voters have soured on President Obama. National and statewide trends favor Republicans. And here in his new home state, Scott Brown’s truck is gaining speed. Analysts and recent polls have found Brown closing in on US Senator Jeanne Shaheen, the Democratic incumbent he is vying to unseat, in a race that has become increasingly nasty and expensive. Once largely dismissed by critics as an unlikely second act in a state he moved to only last year, Brown’s Senate bid is increasingly seen as a plausible path back to the US Capitol. Observers see a race that may be largely determined


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