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By the way, the D.C. Circuit might nuke ObamaCare tomorrow
http://hotair.com/archives/2014/07/02/by-the-way-the-d-c-circuit-might-nuke-obamacare-tomorrow/ ^

Posted on 07/02/2014 6:55:14 PM PDT by Perdogg

Remember the Halbig case? If not, catch up right now by re-reading this post from January, written after a D.C. district court judge ruled in Obama’s favor. O-Care is a famously complex law but the lawsuit that could end up demolishing it is surprisingly simple. In a nutshell, there’s a line buried deep in the statutory text that says federal subsidies for insurance premiums will be available to anyone who buys a plan on “an Exchange established by the State.” Question: Does Healthcare.gov, the exchange built by the federal government after 34 states refused to build their own exchanges, qualify as an “Exchange established by the State”? Or do only state exchanges qualify?

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


TOPICS: Front Page News
KEYWORDS: dotgov; dotorg; obamacare; technicality

1 posted on 07/02/2014 6:55:14 PM PDT by Perdogg
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To: Perdogg

This would end Obamacare and then what?


2 posted on 07/02/2014 6:57:55 PM PDT by firebrand
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To: Perdogg

Under this regime (and John Roberts) the actual text of the law has no meaning. God only knows how this court will rule. Could be by the constitution, could be by the pen and phone technique.


3 posted on 07/02/2014 6:59:26 PM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: firebrand

uh where have you been for the two years dude? :)


4 posted on 07/02/2014 6:59:52 PM PDT by Perdogg (Ted Cruz-Rand Paul 2016)
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To: Perdogg

“In Michigan vs. Bay Mills Indian Community, for example, Justice Elena Kagan noted that “this court does not revise legislation … just because the text as written creates an apparent anomaly as to some subject it does not address.” “

I call complete BS on this.

The court revised Obamacare legislation when Roberts changed what the legislation called a “penalty” to a “tax.


5 posted on 07/02/2014 7:16:19 PM PDT by webstersII
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To: firebrand
This would end Obamacare and then what?

Basically, just another day at the White House?

6 posted on 07/02/2014 7:27:36 PM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: webstersII

They use whichever logic determines the outcome they want to achieve. You know that.


7 posted on 07/02/2014 7:35:47 PM PDT by Revel
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To: Perdogg

Scouts must reverse its erroneous ruling on the constitutionality of ocare or else the people will never be safe from another overreach.


8 posted on 07/02/2014 7:36:05 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: BenLurkin

Boy, Cub, or Girl?


9 posted on 07/02/2014 8:18:24 PM PDT by ROCKLOBSTER (Celebrate "Republicans Freed the Slaves" Month.)
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To: ROCKLOBSTER

*snicker*


10 posted on 07/02/2014 8:24:33 PM PDT by Salamander (He ain't heavy, he's my Boa.)
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To: Perdogg

The decision will hinge on what the meaning of ‘is’ is .... oops, I mean what the meaning of ‘by’ is.

I know what the word ‘by’ means when used in passive construction. It’s a simple word derived from Old English and is used to indicate the “agent” who accomplishes something. So something established ‘by a state’ simply means created/established/built “BY THAT STATE”. What could be clearer? What could be simpler? What could mean ONLY that one thing?

Well, we’ll have to wait to see what the court says and, next year, what the Supreme Court says.


11 posted on 07/02/2014 8:26:00 PM PDT by House Atreides (ANOTHER CONSERVATIVE REPUBLICAN FOR CHILDERS 2014 .... Don't reward bad GOPe behavior.)
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To: Perdogg
... after 34 states refused to build their own exchanges...and how many more abandoned their own exchanges after they couldn't get them to work right?.....
12 posted on 07/02/2014 8:51:45 PM PDT by Intolerant in NJ
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To: Salamander; ROCKLOBSTER

Spellcheck was bad enough — but not the d-mn devices want to decide for themselves what word to put in there.

(I know — I still should have proofread)


13 posted on 07/02/2014 9:23:05 PM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: Perdogg
NUKE IT BABY!!!!
14 posted on 07/02/2014 10:05:22 PM PDT by PapaNew
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To: firebrand
then what?

Good question because the Republocrats as well as the Obamocrats think big government in general and socialized medicine in particular is the cat's meow.

The fight is just beginning (I feel like John Paul Jones).

Not enough good guys in the Tea Pary and elsewhere talking up the clear, obvious alternative to socialism staring them is the face: THE FREE MARKET ECONOMY which made America the wealthiest country in the world.

15 posted on 07/02/2014 10:09:36 PM PDT by PapaNew
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To: Perdogg

“Question: Does Healthcare.gov, the exchange built by the federal government after 34 states refused to build their own exchanges, qualify as an “Exchange established by the State”?


Yes. The feds will say they are the state.


16 posted on 07/02/2014 10:14:17 PM PDT by chessplayer
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To: Perdogg

17 posted on 07/02/2014 10:17:50 PM PDT by CharlesOConnell (CharlesOConnell)
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To: Perdogg

The challenge was initially written off by some as a fool’s errand because there’s a lack of evidence that the Democrats who crafted and passed the Affordable Care Act intended to block subsidies on the federal exchange, which was designed as a backstop on behalf of the states. (They’ve signed a brief saying as much.) But the challengers seized on an ambiguity in the language of the statute which says the subsidies are to be provided by “an Exchange established by the State.”


These guys must have a memory with a half-life of 6 months. This was NOT an ambiguity — is was a “stick” to force States into creating their own Exchange.

I recall the crafting of ACA vividly. The Feds could not DEMAND that States create exchanges per a Supreme Court ruling, so the ACA authors came up with a carrot and some sticks to force them to anyway.

The carrot was that the Feds would pay for the cost of the expanded Medicaid for the first 3 years for States that created an exchange (Wheee ... which States would turn down free money?)

The “Sticks” were: if a State did not create an exchange, the Feds would not pay the Obamacare subsidies for residents in that State (thus hurting the employees in that State); and the Feds would withdraw ALL Medicaid funding for that State.

An early lawsuit by a State led to the Supreme Court ruling that the Feds could NOT cut off all Medicaid funding if the State did not create an exchange (i.e., the Supremes broke this stick).

States then began evaluating whether it was in their best interest to create an Exchange or not, because the big stick of withdrawing medicaid funding was broken. Eventually 36 States decided that they were better off not expanding medicaid, and decided against creating an Exchange.

The Democrats were then backed into a corner — they couldn’t allow 36 States to not have Obamacare subsidies; so they changed their tune and said that they really really didn’t mean that there would be no subsidies for States covered by the Federal Exchange, even though the ACA said so explicitly.

HHS was then presented with a problem — they had to build an Exchange to cover the residents of 36 States plus DC, and this resulted in the Obamacare Website fiasco (had States created their own exchanges, the HHS website for DC only would have been a much smaller problem - fewer people signing up, coverage only for DC, not a variant for each of 36 States).

The IRS was then tasked to create a rule which penalized employers in 36 States without State Exchanges if any of their employees accepted an Obamacare subsidy. Hence the lawsuit — how can the IRS have a rule that gives subsidies to employees in a State without a State Exchange (and thus penalizes the employer) when the law in plain English says subsidies will only be given to employees in States which have created a State Exchange.

Having stayed at the Holiday Inn Express last night, my legal opinion is that legally this is cut and dried: the IRS Rule (regulation) explicitly contradicts the plain language of the law itself. Without the IRS rule, there is no enforcement, and the States can tell HHS to go fly a kite. We will see tomorrow whether the Federal Judges agree with me.

If you want to have fun, go to SCOTUSBlog and look at how Obama’s lawyer tied himself into knots trying to argue that the plain language of ACA doesn’t mean what it says (”Are you going to believe me, or your lying eyes?”)


18 posted on 07/02/2014 10:58:41 PM PDT by Mack the knife
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To: BenLurkin

It gave me a spontaneous giggle.

Not many of those happen these days and I am grateful for your arrogant spellchecker.

:)


19 posted on 07/02/2014 11:30:00 PM PDT by Salamander (He ain't heavy, he's my Boa.)
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To: Mack the knife

Thanks for the informative post.


20 posted on 07/03/2014 12:09:50 AM PDT by denydenydeny (Admiration of absolute government is proportionate to the contempt one has for others.-Tocqueville)
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To: Perdogg

The most liberal appeals court in the country.....never.


21 posted on 07/03/2014 12:16:54 AM PDT by Texas Songwriter
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To: BenLurkin

“Spellcheck was bad enough — but not the d-mn devices want to decide for themselves what word to put in there.

(I know — I still should have proofread)”

The “new” spellcheckers are so intrusive and so often wrong, that I just disabled all of them on my computer. Some of the “conclusions” they were “reaching” for me made a stupid keystroke error into a completely unintelligible babble.


22 posted on 07/03/2014 12:33:22 AM PDT by vette6387
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To: Perdogg

We’ll see. Looks like they’re grabbing at straws. And in any case, the author of the article got the political implications right. If dear leader decides to extend the subsidies by imperial decree, who is going to do anything about it?


23 posted on 07/03/2014 2:17:05 AM PDT by RKBA Democrat (Be a part of the American freedom migration: freestateproject.org)
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To: Perdogg

That’s what I meant! It’s only going to lead to universal health care.


24 posted on 07/03/2014 2:31:26 AM PDT by firebrand
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To: Perdogg

Not going to happen. Not now, not ever!


25 posted on 07/03/2014 2:50:22 AM PDT by Forward the Light Brigade
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To: Perdogg

Since when does the adminstration care what the courts rule ?

Unless it’s in their favor...

This guy is trying to find ways around a SCOTUS ruling, you think he cares about this court ?


26 posted on 07/03/2014 3:25:11 AM PDT by Popman ("Resistance to Tyrants is Obedience to God" - Thomas Jefferson)
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To: Perdogg

anyone have ANY confidence in the courts to do what’s right by America? Zero, squat, nada,
How about the Congress, Senate?
Nope they are in on big money and to hell with ya all.
And as for this punk ass Chicago thug in the his white hut?
What a total dumbass obammy turned out to be.
Other than read a teleprompter and watch ESPN, this baboso s a worthless dog.


27 posted on 07/03/2014 4:17:02 AM PDT by Joe Boucher ((FUBO) obammy lied and lied and lied)
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To: Popman

They ruled it a tax which was in their favor.

Of course they applauded that.

F U B O!


28 posted on 07/03/2014 5:54:07 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: All

I pray that USG courts start following the _law_; this _Health_Care_law_ is unlawful. It violates the supreme law of USA, period. That SCOTUS or any other USG court would decree this is quite unlikely; they don’t follow law; they don’t represent the law anymore; they certainly don’t represent you USAians.


29 posted on 07/03/2014 6:24:33 AM PDT by veracious
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To: firebrand

Party!


30 posted on 07/03/2014 6:31:37 AM PDT by Uncle Miltie (The GOP-e scum enlisted Democrats to steal the Republican primary. The GOP-e can go to Hell.)
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To: veracious

Here’s a good article on the subject:

http://www.forbes.com/sites/michaelcannon/2014/03/26/who-needs-hobby-lobby-when-youve-got-halbig-yesterdays-appellate-arguments-in-halbig-v-sebelius/

After reading that I don’t see how the courts could possibly rule in favor of Obama.


31 posted on 07/03/2014 6:55:33 AM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: House Atreides

(or what the Supreme Court farts!)


32 posted on 07/03/2014 10:56:20 AM PDT by Huskerfan44 (Huskerfan44 (22 Yr, Navy Vet))
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Bump


33 posted on 07/04/2014 5:35:20 AM PDT by listenhillary (Courts, law enforcement, roads and national defense should be the extent of government)
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To: Mack the knife

Finally, they have a living breathing law.


34 posted on 07/04/2014 7:31:55 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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