Skip to comments.Obamacare faces another court threat — and this one could be fatal
Posted on 07/07/2014 1:05:03 PM PDT by illiac
The threats to Obamacare just keep on coming
A case before the U.S. District Court of Appeals in the District of Columbia may determine the Affordable Care Act was written in such a way that it prevents the federal governments HealthCare.gov web site from offering subsidies.
Now such a ruling would have a long way to go before it actually would become enacted and a lot of legal hoops would have to be jumped through but such a finding could be a show-stopper for Obamacare. More than 5 million of the 8 million who signed up for Obamacare through the U.S. Department of Health and Human Services web site would thus not be eligible for tax credits. Most, presumably, would fall off the rolls of the insured.
(Excerpt) Read more at blogs.marketwatch.com ...
Sorry, folks. Let’s just say I am from Missouri.
Come on, does anyone really believe in our legal system anymore?
Words - and laws - mean what the dorks say they mean.
Whatever the ruling, if Zero can’t use it then he’ll ignore it.
Words - and laws - mean what the dorks say they mean.
Borders are meaningless too. A country that is lawless and borderless is not really a country.
Traction on teflon?
he’d write EO’s to IRS and HHS to continue with the subsidies. not that this woudl be correct, but that’s what he’d do. after going after repubs/congress for not doing anything.
I believe the Supreme Court will make a decision conforming with political correctness - not on the law and merits of the case.
After all, that would be a major slap down to Obama.
And we all know it wouldn’t be acceptable to damage the self esteem of the first mulatto president by negating his legacy.
Future ruling: "Sustained."Thanks GOPe
Obama: "So sue me."
After all the pro-life judgments the Supreme Court made last week.......yes, I believe in the court system.
Pray for the justices.
The feds will ignore any ruling. Hobby Lobby WILL be paying for abortions one way or another. The tentacles are so deep in the federal bureaucracy nothing more than a complete overhaul of the whole system will work. The feds are spending a trillion a year to spread the Obamacare cancer in to the medical system. It will take more than a couple court rulings. The half a dozen lower court rulings that struck down ALL of Obamacare were completely ignored.
Whitey gotta pay!
SEC. 1401(a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36A the following new section:
36B(b)(2) specifies the premium assistance amount is equal to the lesser of "A" or "B" [that is: the lesser of SEC. 36B(b)(2)(A) or SEC. 36B(b)(2)(B)].SEC. 36B (a) In General.--In the case of an applicable taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the premium assistance credit amount of the taxpayer for the taxable year. (b) Premium Assistance Credit Amount.--For purposes of this section-- (1) In general.-- <> The term `premium assistance credit amount' means, with respect to any taxable year, the sum of the premium assistance amounts determined under paragraph (2) with respect to all coverage months of the taxpayer occurring during the taxable year. (2) Premium assistance amount.--The premium assistance amount determined under this subsection with respect to any coverage month is the amount equal to the lesser of-- ``(A) the monthly premiums for such month for 1 or more qualified health plans offered in the individual market within a State which cover the taxpayer, the taxpayer's spouse, or any dependent (as defined in section 152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311 of the Patient Protection and Affordable Care Act, or ``(B) the excess (if any) of-- ``(i) the adjusted monthly premium for such month for the applicable second lowest cost silver plan with respect to the taxpayer, over ``(ii) an amount equal to 1/12 of the product of the applicable percentage and the taxpayer's household income for the taxable year.
How to you suppose that the premium assistance credit amount of the taxpayer is the lesser of their premium under (A) [explicitly specified as a state exchange under 1311], or (B) [which is claimed includes federal plans]? Is the taxpayer in both a state and federal exchange and whichever is the lesser premium applies?
If the claim that 36B(b)(2)(B) includes federal exchanges is correct, then 36B(b)(2)(A) must also include federal exchanges, something it explicitly does not do. Therefore 36B(b)(2)(B) must necessarily also refer to Exchanges established by the State under 1311, otherwise 36B(b)(2) would be meaningless because a taxpayer can not be enrolled in both a state and federal exchange and whichever is the lesser premium applies.
The PPACA explicitly allows tax credits for state-run exchanges and excludes such credits for federally run exchanges.
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