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Bombshell: Federal judge suddenly green-lights lawsuit that could stop Obamacare in its tracks
Daily Mail ^ | DAVID MARTOSKO

Posted on 10/22/2013 1:08:14 PM PDT by MeshugeMikey

A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law.

The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court.

The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website.

Thirty-six states chose not to set up their exchanges, a move that effectively froze Washington, D.C. out of the authority to pay subsidies and other pot-sweeteners to convince citizens in those states to buy medical insurance. But the IRS overstepped its authority by paying subsidies in those states anyway, say the businesses and their lawyers.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events
KEYWORDS: aca; bhohealthcare; cei; lawsuit; obamacare; ruling
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tick tock.... tick tock....
1 posted on 10/22/2013 1:08:14 PM PDT by MeshugeMikey
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To: MeshugeMikey

“Laws.We don’t need no stinkin’ laws”.....Holder/Obama


2 posted on 10/22/2013 1:09:42 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: MeshugeMikey

“tick tock.... tick tock.... “

No problem. Court will rule that Obamacare should apply to all 50 states. Problem goes away.


3 posted on 10/22/2013 1:11:01 PM PDT by TexasGator
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To: MeshugeMikey

“tick tock.... tick tock.... “

No problem. Court will rule that Obamacare should apply to all 50 states. Problem goes away.


4 posted on 10/22/2013 1:11:01 PM PDT by TexasGator
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To: Don Corleone

I sense that ObamacareZilla...will fall over and fatally bang its head on the empire state building before any suits against it can be heard.


5 posted on 10/22/2013 1:11:36 PM PDT by MeshugeMikey ( Un-Documented Journalist / Block Captain..Tyranny Response Team)
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To: MeshugeMikey

SNAOU = Situation normal all Obama’d UP.

SNAWWU = Situation normal all Wee Wee’d Up.


6 posted on 10/22/2013 1:11:43 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: MeshugeMikey

Since when has a court opinion deterred this pathetic little diktator?


7 posted on 10/22/2013 1:12:24 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: MeshugeMikey

Meh. John Roberts will again pull something out of his ass to affirm the law.


8 posted on 10/22/2013 1:14:31 PM PDT by tips up (Living is easy with eyes closed, misunderstanding all you see.)
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To: MeshugeMikey

Why do we have to rely on the UK press to get these stories?


9 posted on 10/22/2013 1:14:40 PM PDT by TonyM
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To: MeshugeMikey

LOL...so those stupid GOP governors who jumped on Obama’s broken down gravy train will have subjected their people to these penalties, while the 37 smart governors will have provided exemptions for their states. Nice going, chumps.


10 posted on 10/22/2013 1:15:16 PM PDT by txrefugee
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To: MeshugeMikey
Thank you Governors David Jindal and Rick Perry! :-)

Perhaps that's why we haven't heard of thousands having their policies canceled in Louisiana and Texas, like those who live in Floriduh and other states have...

11 posted on 10/22/2013 1:15:33 PM PDT by Errant
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To: tet68
ONLY 3 of the people in 0bama's group have actually enrolled in 0bamacare:

BWWWAAAAAAH HAAA HAAAAAAAAAA HAAA HAAAAAAAAAA!!!!!!!!!!!!!!

12 posted on 10/22/2013 1:15:56 PM PDT by Obama_Is_Sabotaging_America (If Americans were as concerned for their country as Egyptians are, Obama would be ousted!)
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To: MeshugeMikey

Supreme Court: Obama is Kaliph. There are no States, only the Obama Kaliphate.

Think I’m joking?


13 posted on 10/22/2013 1:16:12 PM PDT by Hardraade (http://junipersec.wordpress.com/2013/10/04/nicolae-hussein-obama/)
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To: MeshugeMikey

How high up is this federal judge?


14 posted on 10/22/2013 1:16:18 PM PDT by Viennacon
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To: Errant

When the heck did Bobby change his name to David?


15 posted on 10/22/2013 1:16:56 PM PDT by Viennacon
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To: tips up

Chief Weasel Roberts either rules the way Obama wants, or bad things will happen to his family. It’s the Chicago way.


16 posted on 10/22/2013 1:16:58 PM PDT by txrefugee
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To: MeshugeMikey
"...............Project developers for the health care website who spoke to the AP on condition of anonymity — because they feared they would otherwise be fired — said they raised doubts among themselves whether the website could be ready in time. They complained openly to each other about what they considered tight and unrealistic deadlines. One was nearly brought to tears over the stress of finishing on time, one developer said. Website builders saw red flags for months.

A review of internal architectural diagrams obtained by the AP revealed the system's complexity. Insurance applicants have a host of personal information verified, including income and immigration status. The system connects to other federal computer networks, including ones at the Social Security Administration, IRS, Veterans Administration, Office of Personnel Management and the Peace Corps.".......... Insiders who worked on US health website describe high stress, complaints about major problems

17 posted on 10/22/2013 1:17:10 PM PDT by Cincinatus' Wife
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To: Errant

We haven’t lost our healthcare, at least not yet. But my friend just got the letter she will be losing hers. We live in Texas.


18 posted on 10/22/2013 1:18:08 PM PDT by Halls (Jesus is my Lord and Savior)
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To: MeshugeMikey

What part of a dictatorship do you not recognize? Whatever the judge says means nothing to the idiots in DC. They will do what they want to. Osluma is now saying the Supreme Court has no jurisdiction over him or his actions.


19 posted on 10/22/2013 1:18:42 PM PDT by ProudFossil (" I never did give anyone hell. I just told the truth and they thought it was hell." Harry Truman)
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To: MeshugeMikey

enough of this lawyerly bs,
Get a rope.


20 posted on 10/22/2013 1:18:45 PM PDT by Joe Boucher ((FUBO) ( Hey Rubio, eat pooh pal))
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To: TexasGator
No problem. Court will rule that Obamacare should apply to all 50 states. Problem goes away.

Didn't you mean all 57 states?

21 posted on 10/22/2013 1:19:40 PM PDT by ProudFossil (" I never did give anyone hell. I just told the truth and they thought it was hell." Harry Truman)
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To: MeshugeMikey

Earlier:

http://www.freerepublic.com/focus/f-news/3081909/posts

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.......


22 posted on 10/22/2013 1:20:04 PM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

The system connects to other federal computer networks, including ones at the Social Security Administration, IRS, Veterans Administration, Office of Personnel Management and the Peace Corps.”????

Im not surprised about the connections....but Im surprised anyone OUTED them.

the PEACE CORPS? that one is a bit odd,...


23 posted on 10/22/2013 1:20:06 PM PDT by MeshugeMikey ( Un-Documented Journalist / Block Captain..Tyranny Response Team)
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To: MeshugeMikey
So does Roberts want a 2nd bite at the apple...think he'd get it right this time?

If the court throws 0bamacare out will the left agree and say the court settled it just move on like they were saying after the 1st decision....really? I just typed that...of course they won't.

24 posted on 10/22/2013 1:20:42 PM PDT by fungoking (Tis a pleasure to live in the Ozarks)
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To: FReepers; Patriots; FRiends






Final FReepathon of the Year!
Help Screw the Libs - Please Make Your Donation Here!

25 posted on 10/22/2013 1:20:52 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: Joe Boucher

tall tree

short rope

problems disappear.


26 posted on 10/22/2013 1:21:01 PM PDT by MeshugeMikey ( Un-Documented Journalist / Block Captain..Tyranny Response Team)
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To: Obama_Is_Sabotaging_America

I NOTE WITH LITTLE SURPRISE... that the woman who appeared from nowhere to aid the fainter....was nowhere to be seen in that photo...


27 posted on 10/22/2013 1:22:21 PM PDT by MeshugeMikey ( Un-Documented Journalist / Block Captain..Tyranny Response Team)
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To: MeshugeMikey
....the PEACE CORPS? that one is a bit odd,...

Probably Americorps too and a ton of others I would imagine - the huge government web.

28 posted on 10/22/2013 1:22:31 PM PDT by Cincinatus' Wife
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To: MeshugeMikey
Throw in the fact that the entire Obamacare legislation treats individuals, and individual states DIFFERENTLY and we have a clear cut case of a VIOLATION OF THE EQUAL PROTECTION CLAUSE of the United States Constitution.

I've been arguing that point for awhile now here on FR!!!

29 posted on 10/22/2013 1:22:31 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: MeshugeMikey

Related: http://www.reuters.com/article/2013/10/22/us-usa-courts-obamacare-idUSBRE99L14E20131022


30 posted on 10/22/2013 1:22:51 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: MeshugeMikey; a fool in paradise
Yes, and the best thing about this article in the Daily Mail is this link!
31 posted on 10/22/2013 1:23:00 PM PDT by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: MeshugeMikey
Be wary.

The judge is a Clinton appointee.

32 posted on 10/22/2013 1:23:33 PM PDT by LdSentinal
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To: fungoking

Well, things at least equally Alice-in-Wonderland have happened at the USSC before. Basically it’s an “Oh, did you want to come at the issue THAT way? OK let’s see... OK we agree you’re right. Thump.” It happened with CFR. The way it would be most likely to happen here is to attack it as an unconstitutional tax. You called it a tax, now defend that tax.


33 posted on 10/22/2013 1:23:48 PM PDT by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
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To: Halls

My 86 year old mother-in-law lost her Medicare Advantage Blue Cross of NJ supplemental. Now we are scrambling to find another plan which actually has her doctor on it which is accepting new Medicare patients. Not an easy task. This sucks big time. Heads should roll.


34 posted on 10/22/2013 1:24:09 PM PDT by jersey117
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To: MeshugeMikey

It ain’t going anywhere, This is just another to divert attention and delay.


35 posted on 10/22/2013 1:24:16 PM PDT by sport
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To: LdSentinal

But, that’s just the start of the game.


36 posted on 10/22/2013 1:24:16 PM PDT by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
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To: TexasGator
Court will rule that Obamacare should apply to all 50 states.

Obama said that there are 57 states. Get with the program.

37 posted on 10/22/2013 1:24:27 PM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: Cincinatus' Wife
"They are asking you to interpret ‘north’ to mean ‘south,’"

Yankees are Rebs?

Stars and Stripes = Stars and Bars?

Kool. Sounds like a celebration of (historical) diversity.

38 posted on 10/22/2013 1:24:56 PM PDT by Paladin2
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To: usconservative

It is an unapportioned direct tax, a violation of the Constitution. The income tax is a direct tax, it required an Amendment to be legal.


39 posted on 10/22/2013 1:25:03 PM PDT by Ray76 (Get thee behind me, Obama.)
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To: jersey117

These Obamacarecrats don’t care about all the confusion they’re causing Granny. Cynical, hardened lot. Heartless and headed for hell, figuratively if not literally also.


40 posted on 10/22/2013 1:25:33 PM PDT by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
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To: MeshugeMikey

Glad our US media reports with such informal criteria-— ooops I mean the UK. Thank God the Brits keep us informed.
Pathetic crapola journalism here in the US of Asholes.


41 posted on 10/22/2013 1:25:37 PM PDT by tflabo (Truth or Tyranny)
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To: usconservative
that runs contrary to the clown princes latest ruling on the Equitable Distribution Of Misery doesnt it?


42 posted on 10/22/2013 1:25:43 PM PDT by MeshugeMikey ( Un-Documented Journalist / Block Captain..Tyranny Response Team)
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To: fwdude

U left out the “c”...


43 posted on 10/22/2013 1:25:49 PM PDT by Paladin2
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To: Oldeconomybuyer

This thread just got pulled out of breaking?


44 posted on 10/22/2013 1:26:40 PM PDT by txhurl ('The DOG ate my homework. That homework, too. ALL my homework. OK?' - POSHITUS)
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To: MeshugeMikey

I recall hearing about the IRS illegally doling out subsidies but didn’t know there was a suit about it. Good news!


45 posted on 10/22/2013 1:26:59 PM PDT by Ray76 (Get thee behind me, Obama.)
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To: TexasGator
No problem. Court will rule that Obamacare should apply to all 50 states. Problem goes away.

See what happens when the court legislates from the bench?

First, Congress passes the mandate on the argument that it is NOT a tax, expressly removes the severability clause, and then requires Congress to participate.

The courts say that the states cannot be compelled to participate, and strikes down that part of the law.

Roberts comes along and ignores severability, says that it must be a tax, because that's the only way the law stands as Constitutional, therefore it is a tax and not an unconstitutional law.

Now, for it to be a tax, it must be applied uniformly across the states, so therefore the ruling that struck down the state mandate is now struck back in?

-PJ

46 posted on 10/22/2013 1:27:07 PM 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: MeshugeMikey
so just as with federal court's the ruling on drilling ... Obama will just ignore the outcome and the GOP will cower

Besides that judge is getting a visit right about now from a guy with a fistful of NSA recordings

.

47 posted on 10/22/2013 1:27:38 PM PDT by Elle Bee
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To: MeshugeMikey
"ObamacareZilla...will fall over and fatally bang its head on the empire state building before any suits against it can be heard. "

A self (own goal) Distributed Denial of Service Attack?

48 posted on 10/22/2013 1:28:04 PM PDT by Paladin2
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To: MeshugeMikey

As much as I despise Obamacare the judge was probably correct in not trying to prevent the law moving forward. The complaint does not rise to the level of injury required for an injunction. Nothing has been done yet regarding the subject of the complaint and the complain can be remedied by simply following the law which has not yet technically ben violated yet.


49 posted on 10/22/2013 1:28:20 PM PDT by Gen.Blather
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To: MeshugeMikey
Please share the following with everyone on Facebook, Twitter, email, etc. Thanks.

Obama supporters will go hysterical over this well sourced list of 365 examples of his lying, lawbreaking, corruption, cronyism, etc. http://danfromsquirrelhill.wordpress.com/2013/08/15/obama-252/

50 posted on 10/22/2013 1:29:38 PM PDT by grundle
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