Skip to comments.Circuits Split on Availability of ACA Exchange Subsidies
Posted on 07/22/2014 2:48:58 PM PDT by ThethoughtsofGreg
This morning, a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit invalidated a 2012 IRS rule allowing tax subsidies in federal insurance exchanges under the Affordable Care Act. Within hours, a three-judge panel from the U.S. Court of Appeals for the Fourth Circuit issued a contrary ruling in a similar, but separate, case, allowing exchange subsidies in both state-based and federal exchanges. Though both decisions are still subject to further review and will have no immediate impact, such circuit splits are often considered strong evidence that a case will ultimately end up before the U.S. Supreme Court.
As has been covered previously in these and related cases, and before the ALEC HHS Task Force, at issue is whether the ACAs subsidies for individuals to buy health insurance are available in states that declined to establish health insurance exchanges. Under the ACA, states were given the option to create state-based exchanges or default to a federal exchange36 states chose to default, while just 14 currently operate their own (See map below).
(Excerpt) Read more at americanlegislator.org ...
I guarantee you those Obama judges in the 4th Circuit had their opinion already written and ready to publish and were just waiting for the DC Circuit to issue their opinion before the 4th Circuit published theirs.
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