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Obamacare Court Ruling in Halbig a Major Blow to Opt-Out States
Open Market ^ | January 15, 2014 | Sam Kazman

Posted on 02/13/2014 3:17:29 PM PST by Ben Mugged

The court’s ruling today in Halbig v. Sebelius delivers a major blow to the states that chose not to participate in the Obamacare insurance exchange program. It is also a blow to the small businesses, employees and individuals who live in those states as well. In upholding this IRS regulation that is contrary to the law enacted by Congress, this decision guts the choice made by a majority of the states to stay out of the exchange program. It imposes Obamacare penalties on employers and on many individuals in those states, penalties that Congress never authorized, putting their livelihoods and the jobs of their employees at risk. Worst of all, it gives a stamp of approval to the Administration’s attempt to substitute its version of Obamacare for the law that Congress enacted.

The court does all this despite its own finding that our arguments were supported by, in its words, “the plain language” of the law’s key provision regarding state-established exchanges. And by erasing the distinction between functions carried out by states and functions carried out by the federal government on behalf of states, the ruling undercuts some basic aspects of federalism. We have appealed this decision, and will shortly move to expedite the appeal.


TOPICS: Business/Economy; Constitution/Conservatism; Government
KEYWORDS: exchanges; halbig; obamacare; obamacareenrollment; obamacareoptout; obamacaresubsidies; optout; states
the ruling undercuts some basic aspects of federalism

The federal government is once more attacking the very foundation of our Republic.

This is a month old but I could not find it posted.

1 posted on 02/13/2014 3:17:29 PM PST by Ben Mugged
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To: Ben Mugged

How can a million or two bureaucrats make 330 million ARMED individuals do ANYTHING?


2 posted on 02/13/2014 3:18:57 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: Ben Mugged

Americans CANNOT WIN in our “courts” anymore. The clown “judges” are all DNC toadies. The “judicial” system is a bunch of out of control, activist clowns.


3 posted on 02/13/2014 3:22:05 PM PST by FlingWingFlyer (ObamaCare. The "global warming" of healthcare plans.)
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To: 2ndDivisionVet

This is the reason that Obama is buying up all the ammo.


4 posted on 02/13/2014 3:23:31 PM PST by CMailBag
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To: 2ndDivisionVet

it’s why they want all your bank accounts computerized and why they want your house smart-metered, and your appliances able to be controlled remotely.

they will make your life extremely difficult if you don’t go along with the wonderful fedgov plans.

but computerizing stuff makes control a hell of a lot easier. just shut down your power, or your business’ power, not let you pay stuff electronically, not access your funds, confiscate your money electronically, your life sucks hard pretty fast if you’re not prepared.


5 posted on 02/13/2014 3:24:43 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Ben Mugged

Nullification and a Convention of the States may be the only choices unless Obama is impeached after the mid-terms and the GOP takes over Congress and kills this monstrosity. But clearly, illegal actions by the President and Courts may generate radical actions by the states and people.


6 posted on 02/13/2014 3:26:30 PM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
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To: Secret Agent Man

What’s that compared to Bergen-Belsen, Auschwitz or Dachau?


7 posted on 02/13/2014 3:26:47 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: Ben Mugged

which court did this take place in???


8 posted on 02/13/2014 3:26:51 PM PST by Wuli
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To: Ben Mugged
The court does all this despite its own finding that our arguments were supported by, in its words, “the plain language” of the law’s key provision regarding state-established exchanges.

Sounds as though the Court followed the John Roberts rule and legislated from the bench. Now, Congress' authority is down to being usurped by the lower court, as well.

9 posted on 02/13/2014 3:29:03 PM PST by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: 2ndDivisionVet

By bringing overwhelming pressure to bear on us individually under cover of law. See #5 above for a few of the details.


10 posted on 02/13/2014 3:30:32 PM PST by frog in a pot (We are all "frogs in a pot" now. How and when will we real Americans jump out?)
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To: Ben Mugged

It’s time for some open rebellion.


11 posted on 02/13/2014 3:31:26 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: Wuli
On January 15, federal district court Judge Paul Friedman issued the first ruling in one of the Halbig cases. Judge Friedman dismissed the employer plaintiffs from Halbig v. Sebelius, ruling the federal Anti-Injunction Act prevents them from challenging the IRS rule until they are assessed a penalty. While he found the individual plaintiffs had standing to challenge the IRS rule, Judge Friedman nevertheless upheld the rule. The U.S. Court of Appeals for the D.C. Circuit has granted an expedited appeal of Judge Friedman’s ruling, scheduling oral arguments for March 25.
12 posted on 02/13/2014 3:34:57 PM PST by Ben Mugged (The number one enemy of liberalism is reality.)
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To: Ben Mugged

The federal government is lawless. They have no moral authority and rule by decree backed up by the barrel of a gun.


13 posted on 02/13/2014 3:37:37 PM PST by grumpygresh (Democrats delenda est. New US economy: Fascism on top, Socialism on the bottom.)
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To: Wuli

Pisspoor writing. You always state the specific court that you are referring to in the first paragraph.

Stupid “Ted Mack Amateur Hour” writing. Or did I just insult Ted Mack and his participants?


14 posted on 02/13/2014 3:40:04 PM PST by MadMax, the Grinning Reaper
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To: Ben Mugged

O owe, I owe, I owe so off to court I go say todays judges. What a circus our legal system has become. Is it any wonder there is less and less respect for the laws these days.....if one can really know what the laws say anymore.


15 posted on 02/13/2014 3:42:13 PM PST by Dapper 26
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To: Ben Mugged
A quote from Forbes.

A Rule that Would Obliterate the Law

The first problem has to do with the fact that Judge Friedman ruled in favor of the IRS, as the law professors say, at “Chevron Step One.” In English, that means he found “the unambiguous meaning of the statute” is that Congress intended to authorize tax credits in federal Exchanges. That’s problematic because the statute says the exact opposite. (Photo credit: Wikipedia) The tax-credit eligibility rules clearly say that taxpayers are eligible for credits if enrolled in a qualified health plan through an Exchange “established by the State under Section 1311.” They employ this restriction repeatedly and consistently. Given such explicit language, it is hard to argue Congress intended to authorize tax credits in federal Exchanges. It is harder still to argue Congress intended one thing, expressed the opposite desire in the statute, and yet somehow expressed itself without ambiguity. That’s not to say it is impossible. But consider what that would take for Congress to achieve such a feat. Everyone from the Halbig plaintiffs to neutral observers like the Congressional Research Service to defenders of the IRS like law professor Timothy Jost have recognized that the words “established by the State under section 1311” mean that tax credits are available only through state-established Exchanges. In the face of that clear directive, establishing ambiguity about Congress’ intent would require Judge Friedman to identify some provision of the statute or piece of legislative history that shows with equal clarity that Congress intended the PPACA to authorize tax credits in federal Exchanges. (More about this in my next post.) If, however, Judge Friedman wants to establish that Congress – without ambiguity – directed the IRS to do the opposite of what the statute says, the lift is heavier. He would need to identify statutory language explicitly directing the agency to ignore what everyone knows the words “established by the State under section 1311” mean. As it turns out, the PPACA’s authors did that sort of thing routinely. So it would have been easy for them to do here, had that been their intent. Section 1323 provides that U.S. territories establishing a compliant Exchange “shall be treated as a State.” So, Congress could have said that Exchanges established by the federal government shall be treated as though they had been established by a state. Section 1304(d) creates a legal fiction when it explicitly defines “State” to include the District of Columbia. (Since D.C. established its own Exchange, this legal fiction makes D.C. residents eligible for tax credits.) In the same manner, Congress could have defined Exchanges “established by the State under section 1311” to include federal Exchanges. Finally, the PPACA contains 95 separate “notwithstanding” clauses. Had its authors added just one more – say, “Notwithstanding any other provision of law, premium-assistance tax credits shall be available through Exchanges established by the Secretary” – Congress would have unambiguously overridden the plain meaning of the tax-credit eligibility rules, and we wouldn’t be having this conversation. And yet, Congress did none of these things.

16 posted on 02/13/2014 3:44:37 PM PST by Ben Mugged (The number one enemy of liberalism is reality.)
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To: Ben Mugged

Ya’ll don’t understand - this is the Court Dance. Ain’t no way the lower Court is going to rule against the Administration - they’re not gonna take the heat. Also, they now enabled more specific legal issues to be addressed by kicking it upstairs.


17 posted on 02/13/2014 3:56:24 PM PST by Talisker (One who commands, must obey.)
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To: Ben Mugged

this corrupt government seems to want a hot revolution. The best way to avoid that is for those in the US military and law enforcement across the country to start honoring their oath.


18 posted on 02/13/2014 3:57:44 PM PST by drypowder
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To: CMailBag

There’s already enough ammo and firearms in private hands here to fight World War II five hundred times over. If they couldn’t subjugate Vietnam, Iraq, Somalia or Afghanistan with all the firepower available to them that have zero chance against even 10% of us. PERIOD. Wake up people, we have all the cards!


19 posted on 02/13/2014 3:58:36 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: Ben Mugged

How many people still think that a Convention to consider amendments presents a greater risk to those rights than the present trajectory of the federal government?


20 posted on 02/13/2014 4:01:08 PM PST by theBuckwheat
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To: Ben Mugged

.


21 posted on 02/13/2014 4:12:46 PM PST by skinkinthegrass (The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
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To: 2ndDivisionVet
There’s already enough ammo and firearms in private hands here to fight World War II five hundred times over. If they couldn’t subjugate Vietnam, Iraq, Somalia or Afghanistan with all the firepower available to them that have zero chance against even 10% of us. PERIOD. Wake up people, we have all the cards!///

The ROEs will be a lot less burdensome against American citizens than it was in the conflicts mentioned above. Ala Waco.

22 posted on 02/13/2014 4:18:41 PM PST by Know et al (Spill chick want ketch awl yore miss takes.)
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To: 2ndDivisionVet

Because there are not 330 million armed individuals. In reality, there are a very few. And among that number, fewer still that wouldn’t cut and run. And a drone and an M-1 would stop pretty much anything.

Sad but true.


23 posted on 02/13/2014 4:21:52 PM PST by RIghtwardHo
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To: RIghtwardHo

Explain Iraq and Afghanistan. And who exactly bought those 110 million firearms just since Mr. Obama won, a few dozen collectors? And the billions of rounds. There enough firearms in private hands to give two or three to everyone, including children. Look it up.


24 posted on 02/13/2014 4:42:02 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: Know et al
Oh, we'll lose a lot of people. We lost a bunch in the Revolution and Civil Wars.

"Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty, or give me death!"

~Patrick Henry

25 posted on 02/13/2014 4:47:16 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: RIghtwardHo

Iraq.

Afghanistan.


26 posted on 02/13/2014 4:53:11 PM PST by Adder (No, Mr. Franklin, we could NOT keep it.)
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To: Ben Mugged

When courts rule against “the plain language” of a law, we are a lawless nation. Pray for America.


27 posted on 02/13/2014 4:56:58 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: 2ndDivisionVet

elaborate.


28 posted on 02/13/2014 5:07:53 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: RIghtwardHo
Because there are not 330 million armed individuals. In reality, there are a very few.

That is flat out wrong, friend. Approximately 1/3 of the American public are known to be legal gun owners. That's 100,000,000 people. It's also been estimated that they own approximately 300,000,000 firearms.

(for the folks in Rio Linda, those figures indicate millions)

In one recent three month period, Americans purchased enough firearms to outfit every soldier in China and India - combined.

Compare those numbers to the total number of U.S. troops under arms, which is about 1.5 million. In fact, the armed U.S. civilian population exceeds the number of armed troops of all the world's militaries combined.

29 posted on 02/13/2014 5:59:41 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: 2ndDivisionVet
I was only expressing how ruthless this administration would be.

It seems we are at a place of taxation without representation, much like it was in the 18th century.

God help us!

30 posted on 02/13/2014 6:15:01 PM PST by Know et al (Spill chick want ketch awl yore miss takes.)
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