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 ...
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.
U left out the “c”...
This thread just got pulled out of breaking?
I recall hearing about the IRS illegally doling out subsidies but didn’t know there was a suit about it. Good news!
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
Besides that judge is getting a visit right about now from a guy with a fistful of NSA recordings
.
A self (own goal) Distributed Denial of Service Attack?
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.
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/
I'm not an attorney, but aren't the plaintiffs (the small businessmen) arguing that the fed govt cannot give subsidies to individuals in states that did not setup exchanges. How is this a violation of equal protection?
Her letter arrived in the mail on October 2. They wasted no time dropping the seniors.
No way will Obamacare fall on its own.
No gov program EVER fails, it will not happen.
Seeking sanctuary in these dreams are foolish and dangerous.
WE will have to do much, much, much, more to defeat the Commies and their Praetorian Guard.
We were assured that ObamaCare was unconstitutional until Judge Stevens was told to act otherwise to the utter detriment of us all.
Hopefully, God-Willingly our prayers are about to be responded to that would place a stake within the very heart of Obamacare and end the very threat it is as the Sword of Damocles hanging over our collective heads.
Traitor Roberts also claimed that the law was the will of the people as passed by their representatives (at the time of passage) AFTER the 2010 election that turned control of the House over to the GOPe on the basis of killing 0bamaDontCare.
Roberts is a retard and needs to be impeached WAY more than Warren.
crying out for a graphic lol
I agree. In any event, however, the judge is a Clinton appointee.
But my friend just got the letter she will be losing hers. We live in Texas.”
Patients of some of my doctor clients have also received letters saying their carrier won’t be writing policies after 12/31/2013 but their employer’s home base and insurance carrier are in states other than Texas. Some are covered by Illinois policies, some by BC of California and several from New Jersey. They are pretty much toast. As far as I know if the employer’s home base is in Texas and the insurance company is a Texas company it does make a difference and those policies should be okay. Guess we’ll see.
You are right! What this dictator wants he gets. He has the media and hollwood cheerleading to the drones out there that this is the best thing since oxygen! The bigger the lie the more the idiots believe it.
It’ll get to the Supes and Roberts will find some emanation from a penundrum to make everything okay for Ubama.
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