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Op-Ed Get ready for an even bigger threat to Obamacare
Los Angeles Times ^ | June 30,2014 | JONATHAN TURLEY

Posted on 07/01/2014 4:47:27 AM PDT by Hojczyk

The D.C. Circuit Court is expected to rule any day now on the Halbig case, and supporters of the Affordable Care Act are growing nervous. In January, an Obamacare advocate described the Halbig case to a reporter for the Hill as "probably the most significant existential threat to the Affordable Care Act.

All the other lawsuits that have been filed really don't go to the heart of the ACA, and this one would have." And in a fraught oral argument before the D.C. Circuit Court, the administration seemed to struggle to defend its interpretation.

If the ruling goes against the White House, it's hard to overstate the impact. Without subsidies, consumers in 34 states would face huge additional costs and, because of those costs, potential exemptions from the law. And voters — a substantial percentage of whom have never liked Obamacare — would be further alienated from the Democratic Party just in time for midterm elections.

ruling against the administration would mean that Obama has been responsible for ordering what could amount to billions of dollars to be paid from the federal Treasury without authority. And it would mean the administration has committed yet another violation of the separation of power

The administration's loss in the Hobby Lobby case is a bitter pill to swallow, but it is not a lethal threat to Obamacare. For critics of the law, Halbig is everything that Hobby Lobby is not. Where Hobby Lobby exempts only closely held corporations from a portion of the ACA rules, Halbig could allow an mass exodus from the program. And like all insurance programs, it only works if large numbers are insured so that the risks are widely spread. Halbig could leave Obamacare on life support — and lead to another showdown in the Supreme Court.

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


TOPICS: Crime/Corruption; Government
KEYWORDS: halbig; jonathanturley; jonathanturly; obamacare; subsidies; turly

1 posted on 07/01/2014 4:47:27 AM PDT by Hojczyk
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To: Hojczyk
DC court rule against Obama…will never happen…they will come up with something
2 posted on 07/01/2014 4:49:26 AM PDT by Hojczyk
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To: Hojczyk

What a poorly written article


3 posted on 07/01/2014 4:50:22 AM PDT by Quick Shot
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To: Hojczyk
The administration's loss in the Hobby Lobby case is a bitter pill to swallow

Nope. No bias there.

4 posted on 07/01/2014 4:52:32 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Quick Shot
What a poorly written article

The article itself is not so bad. The summary has been gorched.

5 posted on 07/01/2014 4:53:11 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Hojczyk

I’m pretty sure the Court’s term is over until fall, not that an MSM ‘reporter’ would know anything about which they write.


6 posted on 07/01/2014 4:54:31 AM PDT by jjotto ("Ya could look it up!")
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To: Quick Shot
On the other hand: Halbig could allow an mass exodus from the program.

Hard to guess whether they meant "a mass exodus", or "en masse exodus".

7 posted on 07/01/2014 4:54:56 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: jjotto
the Court’s term is over until fall

For USSC, that's true. For the D.C. Circuit court? I don't know.

8 posted on 07/01/2014 4:55:58 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Izzy Dunne

Funny, I thought the same thing.


9 posted on 07/01/2014 5:09:54 AM PDT by jurroppi1 (The only thing you "pass to see what's in it" is a stool sample. h/t MrB)
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To: All

Obamacare is a political blunder of Ceausescuian proportions.


10 posted on 07/01/2014 5:12:34 AM PDT by Liz (Another Clinton administration? Are you nuts?)
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To: jjotto

By the time this comes before SCOTUS the entire Democrat Party may be down on their knees begging them to scuttle it.


11 posted on 07/01/2014 5:18:15 AM PDT by Buckeye McFrog
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To: Izzy Dunne

Good point. I may have spoke too soon.


12 posted on 07/01/2014 5:23:27 AM PDT by jjotto ("Ya could look it up!")
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To: Hojczyk

Without subsidies, consumers in 34 states would face huge additional costs and, ...

....and Taxpayers will reap untold billions in Savings.

There, I fixed the report


13 posted on 07/01/2014 5:27:28 AM PDT by Steven Tyler
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To: Quick Shot
Yeah, I had to read portions of it twice and still was left guessing what it actually meant. This part is clear:

Without subsidies, consumers in 34 states would face huge additional costs and, because of those costs, potential exemptions from the law.

14 posted on 07/01/2014 5:36:54 AM PDT by randita
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To: Steven Tyler
Without subsidies, consumers in 34 states would face huge additional costs and, ...

Subsidies do not make it more affordable, they simply shift higher costs to a different party.

So, a logical person would ask, how do huge increases equal "affordable"? Since liberals don't wonder this, what does that tell us about liberals?

15 posted on 07/01/2014 5:39:40 AM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: Hojczyk

This is why I’m not that excited about Hobby Lobby. Its too little, too late. We have the monstrosity that is Obamacare. So closely-held businesses don’t need to provide free birth control. So what? Is that really a huge victory? No. Its carving out a small piece of an otherwise totalitarian law. Its being happy that we were not beaten while we were being raped. Obamacare has to go, but its looking more and more like it won’t because the feckless GOP has given up the fight and the courts don’t have the balls to overturn it.


16 posted on 07/01/2014 5:40:14 AM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: Liz

“Obamacare is a political blunder of Ceausescuian proportions.”

So was Social Security in its day. But the Marxists of its day peed on the Constitution and got it implemented.


17 posted on 07/01/2014 5:49:37 AM PDT by HereInTheHeartland (Obama lied; our healthcare died.)
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To: Liz

“”Obamacare is a political blunder of Ceausescuian proportions””

Could we be that lucky???? We could keep our fingers crossed.


18 posted on 07/01/2014 5:57:23 AM PDT by Thank You Rush
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To: Thank You Rush

19 posted on 07/01/2014 6:00:57 AM PDT by Liz (Another Clinton administration? Are you nuts?)
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To: Opinionated Blowhard

There is another case peculating up that challenges the ACA based on the origination of the penalty that was determined to not be a penalty but a tax coming out of the Senate. If that is not overturned it means the origination clause is meaningless with the Senate stripping any bill from the House and inserting any new tax.


20 posted on 07/01/2014 6:01:10 AM PDT by cmwy
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To: Hojczyk
…they will come up with something

If all else fails they will kidnap the judges kids and hold them for ransom.

21 posted on 07/01/2014 6:08:47 AM PDT by gr8eman (A good rant should have the word "crap" in it at least 4 times!)
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To: Hojczyk

Does the la times have proofreaders who are literate?


22 posted on 07/01/2014 6:16:31 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: ChildOfThe60s

It tells us they are selfish children who don’t care who pays for their goodies as long as it’s someone else.


23 posted on 07/01/2014 6:18:33 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Opinionated Blowhard

Look at the left’s reaction to the HL case and you’ll see that it indeed WAS important. One of the main reasons for the aca was to make sure everyone pArticipated in child murder. They’re enraged that they failed.


24 posted on 07/01/2014 6:20:37 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Opinionated Blowhard

While in terms of gutting Obamacare, Hobby Lobby may not seem big, it is big in one other respect. The Left wanted to force Christians to violate their own conscience and show that abortofacients must be offered by all. The reason they are in meltdown is not because the right of the government to impose their policies against Christians failed. In that sense Hobby Lobby is a huge victory. They believe their policies are morally superior and take precedence. The Supreme Court blew a hole in that world view.


25 posted on 07/01/2014 6:25:05 AM PDT by WashingtonSource
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To: MrB

¿en inglés


26 posted on 07/01/2014 6:28:43 AM PDT by rockrr (Everything is different now...)
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To: Izzy Dunne

Turley is a big lib, to be sure. But he’s fair-minded more so than a lot of them. On certain issues he is more on the conservative side of matters. The principle of separation of powers is one of them.

So where he’s saying it is a bitter pill to swallow, he means it’s bitter for the 0bama regime and for anyone demanding that 0bama’s decrees must be followed without question.


27 posted on 07/01/2014 6:29:10 AM PDT by citizen (There is always free government cheese in the mouse trap.....https://twitter.com/kracker0)
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To: citizen
So where he’s saying it is a bitter pill to swallow, he means it’s bitter for the 0bama regime and for anyone demanding that 0bama’s decrees must be followed without question.

Maybe so, but that is not clear from the sentence in question.

28 posted on 07/01/2014 6:32:40 AM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Opinionated Blowhard

Ever hear of ‘the death of a thousand cuts’?

Yea, yea, yea, too slow for you, me too. Still, if we can’t get a full and complete repeal of this law, in a timely manner, let’s at least try to bleed it to death.


29 posted on 07/01/2014 6:33:59 AM PDT by AFreeBird
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To: AFreeBird

While Roberts opinion upheld Obamacare as a tax (dumb reasoning, in my opinion) it had serious overtones of “if you don’t want laws like this, don’t elect politicians who give them to you. And don’t expect the Courts to bail out out from your poor decisions”

In that sense, it’s working pretty well, because it’s turning into the cascading series of epic failures that rational people predicted. If the DC Circuit rules the right way on this, it will continue the failures right into the 2016 cycle.

The problem I see is that Obama stacked the DC Circuit with those additional judges after Reid nuked the filibuster. So, by no coincidence whatsoever, the deck is probably now stacked against getting the right ruling on this.


30 posted on 07/01/2014 6:47:38 AM PDT by tanknetter
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To: cmwy

“There is another case peculating up that challenges the ACA based on the origination of the penalty that was determined to not be a penalty but a tax coming out of the Senate. If that is not overturned it means the origination clause is meaningless with the Senate stripping any bill from the House and inserting any new tax”

This is the most clear cut constitutional reason the ACA should not of passed mustard with the SCOTUS. Did not the Lawyer fighting against the ACA before the Supreme Court or any of the 4 dissenting Judges not bring this most simple of concepts up in the discussion?


31 posted on 07/01/2014 6:51:50 AM PDT by DAC21
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To: Hojczyk
I don't know how these things work.If the DC court rules against OsamaObamaCare does that mean that it's placed on hold...at least partially...nationwide? Or,perhaps,just in DC? IIRC I've read that the DC Court of Appeals is the second most important and/or powerful Federal court...after SCOTUS.If this ruling goes against Osama I assume the final step would be SCOTUS and if I'm correct I wonder how often this court is overruled by SCOTUS.I've often read that the 9th Circus is often overruled by SCOTUS.
32 posted on 07/01/2014 6:58:00 AM PDT by Gay State Conservative (Rat Party Policy:Lie,Deny,Refuse To Comply)
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To: Opinionated Blowhard

I think a pretty large majority of businesses are “closely held” so maybe this is not so small.

Maybe it’s like the pretty large majority of jobs are with “small business”?


33 posted on 07/01/2014 7:00:12 AM PDT by Principled (Obama: Unblemished by success.)
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To: cmwy

Yes i’m waiting for that case too cmwy!


34 posted on 07/01/2014 7:01:23 AM PDT by Principled (Obama: Unblemished by success.)
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To: DAC21
Did not the Lawyer fighting against the ACA before the Supreme Court or any of the 4 dissenting Judges not bring this most simple of concepts up in the discussion?

It wasn't a tax until after the case was decided... So the decision that it IS a tax opened the door to this new case.

35 posted on 07/01/2014 7:11:02 AM PDT by Principled (Obama: Unblemished by success.)
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To: Hojczyk

If it is making Turley nervous, I like it.


36 posted on 07/01/2014 7:19:49 AM PDT by Buckeye Battle Cry (Audentis Fortuna Iuvat)
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To: Hojczyk

We now have “social justice”, meaning justice corrupted by socialists. We may get a logical and well-reasoned ruling that supports the Constitution, but I don’t expect it, nor given how Justice Roberts constructed a mythical path to approve ObamaCare do I expect such a ruling to stand when it reaches his desk.


37 posted on 07/01/2014 7:19:49 AM PDT by theBuckwheat
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To: Hojczyk

“Halbig could allow an mass exodus from the program”

That damn freedom problem. We can’t let the peons do what they want and is their own best interest.


38 posted on 07/01/2014 7:27:40 AM PDT by DaxtonBrown (http://www.futurnamics.com/reid.php)
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To: Principled

That’s where a lot of Libs, including Ms. Condom 2012 (Fluke) are going with their scare tactics.

The counter is that most closely held, privately owned businesses are small businesses with less than 50 employees. And aren’t required to provide coverage at all. This ruling doesn’t apply to them, one way or another.


39 posted on 07/01/2014 7:34:22 AM PDT by tanknetter
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To: randita

not sure what transfer of funds they speak of. I know the insurers are protected against losses. they get paid by the govt to make up losses.


40 posted on 07/01/2014 7:41:24 AM PDT by wiggen (The teacher card. When the racism card just won't work.)
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To: Izzy Dunne

Oh, yes, I agree but that’s my take on it from what I’ve seen of him in interviews on this issue.


41 posted on 07/01/2014 7:59:32 AM PDT by citizen (There is always free government cheese in the mouse trap.....https://twitter.com/kracker0)
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To: MrB

A grasp of the English language is not important in Mexifornia.


42 posted on 07/01/2014 10:06:20 PM PDT by yorkiemom
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To: Principled

When is this ruling expected?


43 posted on 07/01/2014 10:07:44 PM PDT by yorkiemom
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To: randita

Just like Heroin Dealers always Marketed their Product, the first one is free.


44 posted on 07/01/2014 10:12:26 PM PDT by Kickass Conservative (THEY LIVE, and we're the only ones wearing the Sunglasses...)
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To: yorkiemom

it’s in dc circuit now is all i know...


45 posted on 07/02/2014 3:51:05 AM PDT by Principled (Obama: Unblemished by success.)
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To: Liz

That blast from the past deserves repeating. It should be a meme or something.


46 posted on 07/02/2014 1:16:11 PM PDT by 1010RD (First, Do No Harm)
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To: 1010RD

Would look great on a bumper sticker.


47 posted on 07/02/2014 2:37:54 PM PDT by Liz (Another Clinton administration? Are you nuts?)
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