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Will Textualism Kill Obamacare?
New Yorker Magazine, by Jeffrey Toobin

Original Article

Posted By:mitzi, 9/3/2014 10:17:09 AM

The Affordable Care Act is heading for another near-death experience in the Supreme Court. In July, a divided panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling in Halbig v. Burwell that would greatly limit the number of people who are eligible for subsidized health insurance. The problem has to do with how people are connected with insurance providers, how they learn about subsidies, and how they sign up for plans. As Congress originally conceived it, the A.C.A. called for each state to set up its own exchange with a Web site, which most of

Comments:
Textualism ... that the legislation means what it says.

      


Post Reply  

Reply 1 - Posted by: thethirdruffian, 9/3/2014 10:23:28 AM     (No. 9991742)

Aside from the fact that laws mean what they say, this claim that the language in question was an accident is a lie:

1. Many people are on record stating the reason for the language was to strong arm states into setting up their own exchanges. They did not count on 30ish Republican governors uniting and standing strong.

2. The strong-arm language was so important that the Senate proceedings were stopped and the language re-inserted by Sen. Reid staff when it had been accidentally deleted.

Don´t let them lie about this. It was intentional and it bit them.

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Reply 2 - Posted by: varkdriver, 9/3/2014 10:23:54 AM     (No. 9991743)

It depends on what the meaning of "is" is.

Toobin is a joke, but I´m not laughing.

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Reply 3 - Posted by: TulsaTowner, 9/3/2014 10:29:52 AM     (No. 9991752)

The effort continues to lie non-stop to cover just what it is that dems are actually doing and how they are doing it to us. Toobin should be ashamed of himself.

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Reply 4 - Posted by: mitzi, 9/3/2014 10:34:25 AM     (No. 9991760)

Right in the beginning of this article, Toobin states:

As Congress originally conceived it, the A.C.A. called for each state to set up its own exchange with a Web site, which most of the blue states and a few of the red ones did.

To me, that sounds like it was Congress´ intent - and what they wrote in the legislation.

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Reply 5 - Posted by: oh-heck, 9/3/2014 11:10:05 AM     (No. 9991818)

The wording was intended to prenent federal exchanges from manipulating the rules to drive out competition from state exchanges. If the federal exchanges didn´t have the ability to grant subsidies OR result in employer subsidies, there would be no way this could happen.

Insurance obtained from a federal exchange is still valid insurance, but the subsidies will no longer be allowed. Nor will the larger penalty be assessed if an employer does not offer insurance and an employee gets it from a federal exchange.

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Reply 6 - Posted by: 4poster, 9/3/2014 11:45:25 AM     (No. 9991873)

According to the Constitution, Congress makes laws, not Judges. Congress makes laws, Congress can fix errors in laws.

Justice Scalia has it right. New York Magazine has it wrong.

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Reply 7 - Posted by: killerbee, 9/3/2014 12:36:44 PM     (No. 9991954)

Textualism?! Seriously?! When you want to pretend the LAW you passed didn´t mean exactly what was written even after you refused to change a single one of those words in negotiation.

Toobin = hack

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