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ObamaCare in death spiral
after federal appeals court
strikes down some subsidies

Fox News, by Betsy McCaughey

Original Article

Posted By:StormCnter, 7/23/2014 4:28:17 AM

Tuesday, a federal appeals court slapped down the Obama administration in a 2-1 ruling that could kill the president’s signature health care law. If upheld by the Supreme Court, the ruling would force Congress back to the drawing boards to design a health law that is actually affordable, rather than bearing the false title “Affordable Care Act.” The ruling in Halbig v. Burwell bars the federal government from handing out taxpayer-funded subsidies to people who buy ObamaCare plans in nearly two-thirds of the states. Those subsidies took the sting out of being forced to buy pricey ObamaCare plans. If the ruling


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Reply 1 - Posted by: Trigger2, 7/23/2014 5:13:05 AM     (No. 9936288)

It all goes back to Roberts. There is no severability provision in BarryCare. That ruling alone should have deep sixed BarryCare. The Federal Appeals Court should have deep sixed it again.

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Reply 2 - Posted by: pucky1, 7/23/2014 5:23:19 AM     (No. 9936291)

Just a drafting glitch, huh?

Here´s the full section:

‘‘(2) PREMIUM ASSISTANCE AMOUNT.—The premium assistance
amount determined under this subsection with respect
to any coverage month is the amount equal to the lesser of—
‘‘(A) the monthly premiums for such month for 1 or
more qualified health plans offered in the individual market
within a State which cover the taxpayer, the taxpayer’s
spouse, or any dependent (as defined in section 152) of
the taxpayer and which were enrolled in through an
Exchange established by the State under 1311 of the
Patient Protection and Affordable Care Act,
‘‘(B) the excess (if any) of—
‘‘(i) the adjusted monthly premium for such month
for the applicable second lowest cost silver plan with
respect to the taxpayer, over
‘‘(ii) an amount equal to 1/12 of the product of
the applicable percentage and the taxpayer’s household
income for the taxable year

If the intent was to extend the subsidy to everyone, why was that last phrase inserted (see bold)? That insertion was intended as a restriction oon who got the subsidy.

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Reply 3 - Posted by: StormCnter, 7/23/2014 6:01:15 AM     (No. 9936307)

I´m with Dr. Krauthammer. The wording was not a "glitch" nor a "typo". It was deliberately phrased in the assumption that states would love the federal money flowing in as subsidies. When 36 states said no, the Affordable Care Act was stuck with wording that required something unenforceable.

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Reply 4 - Posted by: Dodge Boy, 7/23/2014 7:26:13 AM     (No. 9936385)

Thanks Roberts. So what was it that Obie threatened you with to force you to switch your vote, bro? Since you have a job for life, why not just come clean and let us know?

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Reply 5 - Posted by: TOOTALL, 7/23/2014 7:33:18 AM     (No. 9936394)

I´m with StormCtr (#3), but I´d go further. It wasn´t a ´carrot´ to incentivize States to set up exchanges, it was a deliberate, partisan act to force states into setting up exchanges. My way or the highway.

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Reply 6 - Posted by: lil dotty, 7/23/2014 7:37:31 AM     (No. 9936397)

Fear the terrible death spiral. This will never be slain. The gopes (pubbies) and O the Dark Won will reconstruct into the Son of Obombacare, whereby it will rise off the table and continue on by starts and jolts, the sequel to follow this act of betrayal in which WTP found we are nothing at all but little ants bound by a queen and her/his/its) court

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Reply 7 - Posted by: bpl40, 7/23/2014 7:56:24 AM     (No. 9936413)

If intent of the ACA drafters is the issue, there is plenty of information on what went on in that sausage factory before this evil emerged. Subsidies paid by states would not be counted as part of ACA cost but any that would be paid by the Federally set up exchanges would. Remember this thing passed by a single vote in the Senate. Wavering Senators were promised that the ACA would be deficit neutral. Any such subsidies would be blow deficit neutrality claims sky high. Ben Nelson of Nebraska was especially nervous. So the scheme was to deny Federally set up exchanges the authority to pay subsidies. As a protection to that the HHS Sec was given the authority to withhold Medicaid funding of any state that wavered.
This arrangement was torpedoed by CJ Roberts when he declared that authority to be unconstitutional and the whole house of cards fell apart. The fact that 36 states have refused to set up these exchanges is a clear indication of the will of the people. IMO this time Roberts will take that into account. This pig is done.

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Reply 8 - Posted by: congar, 7/23/2014 8:43:19 AM     (No. 9936474)

Once again a critically important issue of great national importance will be decided by how many judges you have bought.

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Reply 9 - Posted by: Grampy, 7/23/2014 9:28:45 AM     (No. 9936549)

Say or think what you want. My advice is to plan your reaction for when the law is again upheld.
Make no mistake; I hope to heaven it´s struck down and dies a death talked about in history books in a thousand years, but the realist in me seriously doubts that.

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Reply 10 - Posted by: RancherJack, 7/23/2014 9:38:50 AM     (No. 9936561)

Uh huh, sure.

Congress, both sided of the aisle are going to fiddle, and tweak and massage this monstrosity until it is so farked up ...

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Reply 11 - Posted by: antiquegolf, 7/23/2014 10:01:42 AM     (No. 9936598)

Poster 9 expressed my thoughts. This federal appeals ruling is tantalizing, but it is doubtful that the Scotus will shoot down the behemoth health care law. That would be too good to be true. Interestingly the submission of this post was interrupted by a call regarding enrollment in a national health care exchange. I quickly declined. When I asked the caller who he worked for, he hung up. How is that for transparency? Ha! I called the number back to engage in a fishing expedition, but dispute assurances I´d be transferred to the next available agent, after a hold time of exactly 6 minutes, the neuter voice said goodbye. A check of my directory shows 5 or 6 calls from 651-333-4139 --- a Minnesota number --- in the past week.

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Reply 12 - Posted by: antiquegolf, 7/23/2014 10:02:54 AM     (No. 9936601)

Despite. Sorry.

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Reply 13 - Posted by: nevernaught, 7/23/2014 10:18:58 AM     (No. 9936628)

I have hope this time, if only because Obama has just said he is going to ignore the ruling. It isn´t smart to go around calling people who could destroy your ´signature´ legislation incompetent.

Judges have feelings too. I hope the Supremes are paying attention. This is a crooked Administration that needs a wakeup call.

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Reply 14 - Posted by: Jethro bo, 7/23/2014 10:25:09 AM     (No. 9936639)

Though I do believe the next Rebublican president should nominate a NEW Chief Justice and replace Roberts, I also think this is a chance for him to make good on the initial impression that he wasn´t a Black Robed Demigod. The Forst ruling was based on interpretation of taxing powers. This is about clear separation of powers to tax and allocate funds. Only Congress can enact taxing and allocate funds, not the Executive branch through its various agencies (in this case the IRS). Of late, the SCOTUS has unanimously voted to enact clear separation of powers when Obambi and his minions over reach. This too, I believe, will be the case in this situation.

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Reply 15 - Posted by: jglas, 7/23/2014 11:03:21 AM     (No. 9936697)

They wrote an irresistible bribe into the law that got resisted. Now it threatens to blow up the whole law so they want to take it back with the very liberal argument that it´s not what the law says that matters, it´s what the law writers intended it to mean that counts. That is they wrote a law that explicitly said you could only get subsidies through state sponsored exchanges in an attempt to bribe the states into opening exchanges but they really meant you can get subsidies through the government exchange too. Well if that is true then there must be a wink, wink, nudge nudge written into the law somewhere with regard to the state sponsored exchange requirement. If they can´t show the wink wink, nudge nudge then they´re just asking for a do-over. Fine, send that thing back to the congress to do-over. I´m good with that.

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Reply 16 - Posted by: trapper, 7/23/2014 11:41:28 AM     (No. 9936745)

Remember this article by Mr. Turley?


The full DC Circuit is not going to reverse its 3 judge panel, and the S Ct is not going to reverse the DC Circuit on this. The language is clear and the legislative history supports the intention that "state" means state. But, if Obama can refuse to enforce immigration law, and grant defacto amnesty by declaring his own DREAM program, why not expect him to ignore the S Ct and do what he wants? It is a short step from defying Congress to defying the S Ct.

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Reply 17 - Posted by: Butch59, 7/23/2014 12:45:03 PM     (No. 9936843)

Lets all not jump on the happy wagon just yet. Remember, the 4th court by a 3/0 count ruled the same thing OK. So it will reach the SC and there is where it can and probably will hit a brick wall. There are 3 SC justices that will rule in favor of the 1st court. And there are 4 that will vote against it. That leaves just 2. And right now, I really don´t trust either one of them. Roberts, for clear reasons, and Kennedy, someone whom no one can rely on. Is he a conservative that upholds the Constitution or is he one that rules according to his "feelings"? That question is very hard to answer.

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Reply 18 - Posted by: jeffkinnh, 7/23/2014 2:03:59 PM     (No. 9936930)

A very BIG if: "If upheld by the Supreme Court"

We all, even liberals (especially liberals), thought BOCare was dead after the arguments before the SCOTUS but Roberts torturously resurrected it. It´s like the "Monkey´s Paw" story that brings back the dead but in the shape they are after being dead for a while. A hideous thing.

The problem with BOCare is that it is a hideous thing to begin with. Roberts was trying to preserve something that deserved to be dead to begin with.

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Reply 19 - Posted by: Ida Lil, 7/23/2014 5:22:40 PM     (No. 9937151)

Try a different point of view.
The act is ONLY legal as a vehicle of the US IRS with no state taxing authority.
That designation allows NO legality as a duly processed law as could have been redone if the tax label was not in force.
The S Court possibly can not make a case to redirect the details based on any part of the act that isn´t tied totally to a tax.
Exchanges were not set up as a Tax
This now becomes a states rights issue and the wording gives standing to the states. Since 36 states did not set up exchanges the IRS and Obe´s administration does not have the superior standing.
Roberts did tie the administration hands to execute actions outside the tax legality.

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