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Could one word take down Obamacare?
WaPo ^ | 16 July 2012 | Sarah Kliff

Posted on 07/16/2012 10:22:49 PM PDT by smokingfrog

Section 1401 of the Affordable Care Act is, on the surface, just as exciting as it sounds. It outlines in excruciating detail the eligibility requirements for an American to receive a tax subsidy to assist in purchasing health insurance.

That’s at first glance, at least. Two experts who recently scoured Section 1401 think they found something huge: a missing word that could undercut the Affordable Care Act’s promise of affordable health insurance.

Case Western Reserve University’s Jonathan Adler and Cato Institute’s Michael Cannon argue in a new paper that any federally-established health insurance exchange does not have the authority to dole out health insurance subsidies. Those subsidies are important: They are the $800 billion in tax credits meant to subsidize coverage for low- and middle-income Americans.

If that is true — and it’s worth noting that the Obama administration, along with a number of legal scholars, argue that it is not — it would significantly curtail the Affordable Care Act’s ability to do what it’s supposed to do:  make health care affordable. And that puts Section 1401 at the center of a burgeoning debate over what Congress meant when it wrote the Affordable Care Act, and how that effects its ultimate implementation.

“It could be an Achilles’ heel,” Cannon said.

Let’s back up and look at Adler and Cannon’s argument. It starts with the the Affordable Care Act’s defining a health insurance exchange, in scintillating Section 1311, as a “governmental agency or nonprofit entity that is established by a state.”

The last three words are the crucial ones, because they indicate that only states can establish exchanges under that Section 1311. There’s a whole other part of the law, Section 1321, that allows the federal government to set up federal exchanges in states that do not take on the task themselves.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Government; News/Current Events
KEYWORDS: commiecare; obamacare

1 posted on 07/16/2012 10:22:53 PM PDT by smokingfrog
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Comment #2 Removed by Moderator

To: smokingfrog

**“It could be an Achilles’ heel,” Cannon said.**

Let’s hope it shuts the whole thing down.


3 posted on 07/16/2012 10:30:41 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: smokingfrog

Since when has “the law” stopped politicians lately?

Start hanging the abusers, it may begin to change. Otherwise we continue the slide into the 4th Reich.


4 posted on 07/16/2012 10:31:24 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: Tzar

No kidding! We know what the next “waivers” and executive orders will say.


5 posted on 07/16/2012 10:34:01 PM PDT by ConjunctionJunction
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To: smokingfrog

So let me see if I understand this?

They can still collect the funds.

They can’t spend them on medical care.


6 posted on 07/16/2012 10:47:36 PM PDT by null and void (Day 1272 of our ObamaVacation from reality - Heroes aren't made Frank, they're cornered...)
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To: smokingfrog
Law must be minimalist to work.

i.e. (Ten Commandments)

A copy of 0bama care could keep you warm for three winters... FAIL

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7 posted on 07/16/2012 10:56:04 PM PDT by Cyber Ninja
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To: smokingfrog
Send it to the Supreme Court...Roberts will find “or federal government” in the inky dark shadows of Pelosi’s penumbras.
8 posted on 07/16/2012 11:06:09 PM PDT by Tex-Con-Man (T. Coddington Van Voorhees VII 2012 - "Together, I Shall Ride You To Victory")
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To: Tex-Con-Man

What are the chances Roberts might have known something about this when he made his decision, I wonder?


9 posted on 07/16/2012 11:16:30 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: null and void
I don't know. Are the funds/taxes collected by the Feds or by the state health insurance exchange? Sounds like you can get a rebate from the federal government to subsidize your insurance, but if your state doesn't have a heath insurance exchange, then you won't be able to buy the insurance in the first place.
10 posted on 07/16/2012 11:21:56 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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To: smokingfrog

Make any convoluted legal argument you want, leftists will just do what they want - who’s going to stop them?


11 posted on 07/16/2012 11:26:14 PM PDT by eclecticEel (Life, Liberty, and the Pursuit of Happiness: 7/4/1776 - 3/21/2010)
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To: smokingfrog
No it would take at least two words...

...... STOP .... LIEING....

12 posted on 07/16/2012 11:28:34 PM PDT by hosepipe (This propaganda has been edited to include some fully orbed hyperbole..)
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To: smokingfrog
It won't matter... HHS will follow 1321 and ignore 1311. Who's gonna stop ‘em? Several states have already said they're not going to set up the exchanges. The feds will move forward with their plan...you think something like a written law will stop Obama? ...especially a little technicality.
13 posted on 07/16/2012 11:30:41 PM PDT by Tex-Con-Man (T. Coddington Van Voorhees VII 2012 - "Together, I Shall Ride You To Victory")
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To: smokingfrog
And that puts Section 1401 at the center of a burgeoning debate over what Congress meant when it wrote the Affordable Care Act, and how that effects its ultimate implementation.

What Congress meant? Hello?
No member of Congress laid eyes on that law until it was delivered complete, having sprung from the head of Soros fully formed. If any member (or former member) of Congress had a part in writing it, they are too embarrassed to admit it.

So no, no member of Congress can possibly know what they meant, since they never even read the law before it was passed, never mind write any part of it.

Ultimately, it doesn't matter what they intended to legislate. They can only apply what the language actually says. No more --- no less.

14 posted on 07/16/2012 11:49:21 PM PDT by publius911 (Formerly Publius 6961, formerly jennsdad)
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To: smokingfrog
And that puts Section 1401 at the center of a burgeoning debate over what Congress meant when it wrote the Affordable Care Act, and how that effects its ultimate implementation.

What Congress meant? Hello?
No member of Congress laid eyes on that law until it was delivered complete, having sprung from the head of Soros fully formed. If any member (or former member) of Congress had a part in writing it, they are too embarrassed to admit it.

So no, no member of Congress can possibly know what they meant, since they never even read the law before it was passed, never mind write any part of it.

Ultimately, it doesn't matter what they intended to legislate. They can only apply what the language actually says. No more --- no less.

15 posted on 07/16/2012 11:49:32 PM PDT by publius911 (Formerly Publius 6961, formerly jennsdad)
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To: publius911

Good point, especially since even Pelosi held a press conference saying, “ we have to pass it, before we can know what’s in it”. The ignorance was broadcast far and wide and the albatross didn’t pass with a single Republican vote.


16 posted on 07/16/2012 11:54:22 PM PDT by RitaOK (NO ROMNEY, NO COMPROMISE. NO WAY. NO HOW. NOT NOW. NOT EVER.)
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To: smokingfrog

“Section 1311, as a “governmental agency or nonprofit entity that is established by a state.”

Repeating...”established by A state”, with the emphasis on “A”...not “the”.

They know it’s true, and this is why what the Rep. governors are doing scares them to death.


17 posted on 07/17/2012 12:00:17 AM PDT by dixiechick2000 (This hobbit is looking for her pitchfork...God help the GOP if I find it.)
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To: hosepipe

I’m sorry and I hate to be a dickhead, I really do, but the spelling is LYING.

C’mon folks. We all make mistakes, but damn.


18 posted on 07/17/2012 1:24:29 AM PDT by 98ZJ USMC
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To: smokingfrog

One word:
tax


19 posted on 07/17/2012 2:23:23 AM PDT by Kevmo ( FRINAGOPWIASS: Free Republic Is Not A GOP Website. It's A Socon Site.)
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To: eclecticEel

IT consulting companies are already working on these exchanges as if it is all good to go...sad.


20 posted on 07/17/2012 4:25:59 AM PDT by snippy_about_it
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To: hosepipe

Or perhaps STOP LYING?


21 posted on 07/17/2012 5:11:21 AM PDT by Robert DeLong (u)
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To: smokingfrog

>>> And that puts Section 1401 at the center of a burgeoning debate over what Congress meant when it wrote the Affordable Care Act...

Ummm... Congress didn’t write it.

They didn’t even read it.


22 posted on 07/17/2012 5:16:03 AM PDT by Safrguns
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To: smokingfrog

I have also read that the IRS does not have any authority to collect the mandate penalty/tax. Their only recourse is to withhold tax refunds. They cannot assess a further penalty or charge interest.


23 posted on 07/17/2012 5:20:49 AM PDT by csmusaret (I will give Obama credit for one thing- he is living proof that familiarity breeds contempt.)
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To: All

All of this is interesting and all... but the only thing that will end 0babacare is a november which results in Rs controlling all 3 branches AND sufficient numbers of Tea Party folks.


24 posted on 07/17/2012 5:48:06 AM PDT by Principled (It's not enthusiasm for Romney, it's grim determination to remove Hussein)
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To: smokingfrog

The courts will rule, “Well, we know what they MEANT to say.” And even if they don’t, obama will decree whatever he wants. He don’t need no stinkin’ approval from no stinkin’ court.


25 posted on 07/17/2012 6:06:39 AM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: smokingfrog

“...by a state.”

Is this what we’re down to? In Europe the term “state” means the same as “country” here - and for this Supreme Court, no doubt that is enough to throw out any argument here.


26 posted on 07/17/2012 6:14:37 AM PDT by BobL
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