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Federal judge set to rule on Obamacare subsidies quandary
Washington Times ^ | October 21, 2013 | Tom Howell, Jr.

Posted on 10/22/2013 12:35:38 AM PDT by Cincinatus' Wife

A federal judge will decide Tuesday on a case that could blow a major hole through the Obamacare exchanges when he rules on whether the government can dole out tax credits to Americans whose states declined to run their own Affordable Care Act insurance markets.

U.S. District Court Judge Paul L. Friedman heard oral arguments Monday and said he would rule Tuesday morning on the challenge by seven plaintiffs, who want an injunction from the rule that extends credits to all of the exchanges. He will also rule on the government’s attempt to kill the lawsuit.

The 2010 law says the tax credits go to help Americans enrolled in exchanges “established by the state.” But about three dozen states declined to create their own exchanges, leaving it to the federal government to step in — and opening up the question of whether residents in those states can still get the subsidies.

“They are asking you to interpret ‘north’ to mean ‘south,’” the plaintiffs’ attorney, Michael A. Carvin, told Judge Friedman.

Justice Department lawyer Joel L. McElvain argued that Congress did not want to favor some states over others through the health care law. Instead, he said the Department of Health and Human Services was poised to “stand in the shoes” of those states that decided to let the federal government run their insurance portals.

The case takes a nuanced look at legislative intent, but the stakes could not be broader for Mr. Obama’s signature domestic achievement.

Yanking away subsidies from about three dozen states that decided not to set up exchanges on their own would make joining the markets less attractive. Coming on the heels of serious glitches on the exchanges’ online portals, such a ruling would be another dent.

Attorneys from both sides—and even Judge Friedman himself—said the case is likely to climb the judicial ladder.......

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


TOPICS: Business/Economy; Culture/Society; Front Page News; Government
KEYWORDS: obamacare; subsidies

1 posted on 10/22/2013 12:35:38 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

Pretty high odds that this will go negative against the President. Tax credits for some, but not for all....will be pointed out. If they toss these....I see the system in significant disarray. It’ll be hard to view things moving ahead in a positive way and the system staying intact....but maybe that was the original intent of creating a failed system....and opening the door at the last minute for a one-payer-type system as the UK has. If you wanted a bigger epic failure of a medical system....simply adapt the UK system and watch for three years. American society would go nuts over such a system.


2 posted on 10/22/2013 12:44:27 AM PDT by pepsionice
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To: pepsionice

Judicial Glitches, only one of many to come.


3 posted on 10/22/2013 1:13:29 AM PDT by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Cincinatus' Wife

Obama and Holder will ignore any adverse judicial decision. Chief Injustice Roberts will perform a Lewinsky if the case makes it to the Supremes years from now.


4 posted on 10/22/2013 1:14:18 AM PDT by peyton randolph (Tagline copyright in violation of Directive 10-289)
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To: Cincinatus' Wife

I like the snowball’s chance, compared to the odds of Obamacare losing in the courts.


5 posted on 10/22/2013 1:52:34 AM PDT by Ken H (First rule of gun safety - have a gun)
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To: Ken H

Speaking of “snow ball”:

[from the article]

“.....The mandate requires companies with 50 or more employees to offer insurance or pay fines, which kick in when at least one employee takes advantage of tax credits on the exchanges.....”


6 posted on 10/22/2013 1:56:17 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

And all because the GOP has snow balls:)


7 posted on 10/22/2013 2:07:05 AM PDT by Ken H (First rule of gun safety - have a gun)
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To: blackdog
>Judicial Glitches, only one of many to come.

Is there a 1-800 number for that as well...?

8 posted on 10/22/2013 2:22:55 AM PDT by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Ken H

:)


9 posted on 10/22/2013 2:34:09 AM PDT by Cincinatus' Wife
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To: Cyropaedia
Is there a 1-800 number for that as well...?

I don't think they can top the 1-800-FU Obamacare number!

10 posted on 10/22/2013 2:46:02 AM PDT by Cincinatus' Wife
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To: pepsionice

I agree with you, if only we were still in a sane world. Lately, everything that is up, is now down, and black is white. Nobody challenges the King. (think “Justice” Roberts)


11 posted on 10/22/2013 2:59:25 AM PDT by Bluebird Singing
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To: pepsionice

“...but maybe that was the original intent of creating a failed system....and opening the door at the last minute for a one-payer-type system as the UK has. If you wanted a bigger epic failure of a medical system....simply adapt the UK system and watch for three years.”

If the plan for single payer was to have Obamacare fail, the Dems are more stupid than we thought: they’ll never get single payer with a divided Congress, and there is no sign that Republicans will lose the House in a year.

For the Dems that strategy is a lose-lose that will cost them the White House in 2016.


12 posted on 10/22/2013 4:27:25 AM PDT by Stingray (Stand for the truth or you'll fall for anything.)
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To: Cincinatus' Wife
Mr. Obama’s signature domestic achievement.

If this is Obama's greatest achievement, I'd hate to see his failures...

13 posted on 10/22/2013 5:01:24 AM PDT by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: All


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14 posted on 10/22/2013 5:09:49 AM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Cincinatus' Wife

How real is the mandatory vaccines in 0’care? Lot of people allergic to flu shots. Me included.


15 posted on 10/22/2013 5:49:55 AM PDT by GailA (THOSE WHO DON'T KEEP PROMISES TO THE MILITARY, WON'T KEEP THEM TO U!)
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To: Cowboy Bob

Benghazi...Egypt...F&F...Obamacare...Syria...


16 posted on 10/22/2013 6:28:54 AM PDT by gr8eman (Ron Swanson for President!)
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To: Cincinatus' Wife

Roberts will probably just rewrite the law again, since he is now the clean up boy for the Satanic beast in the White House.


17 posted on 10/22/2013 6:29:35 AM PDT by LowTaxesEqualsProsperity
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To: GailA

I never bought in to the whole flu shot thing. Maybe if you get the flu a lot it’s worth it, but the only time I got the flu was when I had already gotten a flu shot and I almost died.


18 posted on 10/22/2013 6:30:06 AM PDT by gr8eman (Ron Swanson for President!)
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To: gr8eman

Aside from getting a flu shot during my four years in the Navy, i have never gotten a yearly flu shot. 47 y.o. and never had the flu.


19 posted on 10/22/2013 6:49:14 AM PDT by diverteach (If I find liberals in heaven after my death.....I WILL BE PISSED!!!)
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To: Cincinatus' Wife

Breaking: Per FOX reporter; Judge makes ruling refusing to dismiss the case.


20 posted on 10/22/2013 8:53:36 AM PDT by freepersup (Patrolling the waters off Free Republic one dhow at a time.)
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To: Cincinatus' Wife
Article I Section 8 Clause 1:


The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Obama's waivers are unconstitutional on many grounds, firstly because he doesn't have the authority to ignore signed law, but secondly, since it's been ruled a tax, the tax must be uniform across the United States. Waiving the tax for some, but not for others, is not uniform.

-PJ

21 posted on 10/22/2013 9:08:47 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: freepersup

Thank you!


22 posted on 10/22/2013 9:09:53 AM PDT by Cincinatus' Wife
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To: gr8eman

Usually they do not bother me, it was not until I turned 60 that the PCP kept forcing me to take them. I WILL REFUSE in the future, they can jail me if that is what it takes.

I nearly died from this last one, formula changes likely culprit. My friend Lynn is allergic to eggs, so she can’t even get one. And she can ill afford to get the flu her husband’s health is very fragile, double stroke, with a Miracle GOD created by pass,all they had to do was clean out arteries. But he is now a shell of the robust man he once was and flu shot WOULD KILL HIM!


23 posted on 10/23/2013 6:48:03 AM PDT by GailA (THOSE WHO DON'T KEEP PROMISES TO THE MILITARY, WON'T KEEP THEM TO U!)
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