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Fed appeals court panel says most Obamacare subsidies illegal
CNBC.com ^ | July 22, 2014 | Dan Mangan

Posted on 07/22/2014 7:30:07 AM PDT by gwjack

This is a breaking news story. Please check back for updates. In a potentially crippling blow to Obamacare, a top federal appeals court Tuesday said that billions of dollars worth of government subsidies that helped 4.7 million people buy insurance on HealthCare.gov are not legal under the Affordable Care Act.

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


TOPICS: Breaking News; News/Current Events
KEYWORDS: halbig; obamacare; subsidies
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More at link. So it begins.
1 posted on 07/22/2014 7:30:07 AM PDT by gwjack
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To: gwjack

This could tear Obamacare apart as most people could not afford it without the subsidies... It only applies to ones getting Obamacare through the federal government though. The Obamacare set up through the states are unaffected.


2 posted on 07/22/2014 7:31:19 AM PDT by Old Teufel Hunden
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To: gwjack

Woo-hoo.

Cruz and Perry were the people behind getting the states to refuse to participate and which generated this.

HUGE!


3 posted on 07/22/2014 7:31:34 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: Old Teufel Hunden

38 states refused to participate.

It will collapse.


4 posted on 07/22/2014 7:32:01 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: gwjack

Author was Dan Mangan. Drat that auto-correct!

Admin Moderator - could you correct the original posting, please? Thank you.


5 posted on 07/22/2014 7:32:45 AM PDT by gwjack (May God give America His richest blessings.)
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To: gwjack

And for those with short memories, The dead-soul pirate Roberts was not stupid enough to not anticipate that his passing obamacare unobstructed would cause this crap to flow out upon America. John Roberts is owned, a man without strength of character just what the globalist oligarchs like to puppet.


6 posted on 07/22/2014 7:33:01 AM PDT by MHGinTN
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To: gwjack
Crossing my fingers.

Obama can read this after his exercise regimen which consists of flapping his lips.

7 posted on 07/22/2014 7:33:03 AM PDT by Sacajaweau
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To: Old Teufel Hunden

most people can’t afford it with the subsidies, most people can’t afford it


8 posted on 07/22/2014 7:33:20 AM PDT by yldstrk ( My heroes have always been cowboys)
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To: gwjack

If I recall correctly, this dealt with how the federal government set up an exchange, for states which chose not to set up their own exchanges. The law states that a “state” will set up exchanges, not the federal government.

Remember that health insurance is mainly regulated at the state level, not the federal level. So we’ll see if this cripples Obamacare. It might.


9 posted on 07/22/2014 7:33:48 AM PDT by Dilbert San Diego (s)
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To: Sacajaweau

From that video that was posted. He looked like he was handling up on those 5lb. dumbbells.


10 posted on 07/22/2014 7:35:06 AM PDT by mothball
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To: gwjack

whoohoo!!!!!


11 posted on 07/22/2014 7:35:11 AM PDT by sheikdetailfeather ("The Border Is On Fire & Washington Is Sending Us Gasoline" AZ Ranchers John Ladd & Fred Davis 7/14)
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To: gwjack

Does one really think this will stop Obama?


12 posted on 07/22/2014 7:36:07 AM PDT by Night Hides Not (Remember the Alamo! Remember Goliad! Remember Mississippi!)
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To: gwjack

This should get really interesting. It only affects states who did not set up their own exchange (e.g. Georgia). We will have to wait and see what happens in states where they have abandoned their own state-run plans like in Oregon.


13 posted on 07/22/2014 7:37:13 AM PDT by Hoodat (Article 4, Section 4)
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To: gwjack

Boy, Just wait until Obama watches CNN and finds out about this.


14 posted on 07/22/2014 7:37:36 AM PDT by circlecity
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To: gwjack

Does anyone know if this is an official ruling?


15 posted on 07/22/2014 7:38:09 AM PDT by cripplecreek (Remember the River Raisin.)
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To: gwjack

Roberts will get another chance to vote for the Constitution. Don’t let us down this time, John.


16 posted on 07/22/2014 7:38:19 AM PDT by Signalman
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To: gwjack

No problemo. Zero will just get out his pen and his phone and presto changeo law of the land.


17 posted on 07/22/2014 7:38:28 AM PDT by E. Pluribus Unum ("The man who damns money obtained it dishonorably; the man who respects it earned it." --Ayn Rand)
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To: Dilbert San Diego

Pelosi, Reid, Odunga will be shouting from the rooftops “It’s for the children” And demand that the evil Republicans fix this RAT oversight by voting to change the law to include subsidizes for all.

Count on it.


18 posted on 07/22/2014 7:38:39 AM PDT by DAC21
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To: gwjack

I have a feeling this will be a short-lived victory. Most articles I’ve read on this case have noted that we got a pretty friendly 3-judge panel, but that the DC Circuit as a whole leans Democrat. So, I’d expect Obama to appeal for a rehearing en banc, and would not be surprised if the full court reversed this.


19 posted on 07/22/2014 7:38:47 AM PDT by Conscience of a Conservative
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To: Jewbacca
38 states refused to participate.

I thought it was 36 states.

20 posted on 07/22/2014 7:39:31 AM PDT by PJ-Comix (Boko Haram was enabled by Buku Huma)
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To: E. Pluribus Unum

“o problemo. Zero will just get out his pen and his phone and presto changeo law of the land.”

Zero actually already did that.

This court order says he cannot.


21 posted on 07/22/2014 7:39:49 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: MHGinTN
John Roberts is owned...  photo gty_john_roberts_obama_jef_120628_wblog.jpg
22 posted on 07/22/2014 7:39:50 AM PDT by RetSignman (obama: "For the love of Alinsky, how much more do I have to do to get them to impeach me"?)
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To: PJ-Comix

Could be. 30 ish.


23 posted on 07/22/2014 7:40:07 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: Jewbacca

This is gonna leave a really big skidmark.


24 posted on 07/22/2014 7:40:08 AM PDT by umgud (I couldn't understand why the ball kept getting bigger......... then it hit me.)
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To: circlecity

He’ll find out after ESPN goes off the air.


25 posted on 07/22/2014 7:40:13 AM PDT by ImJustAnotherOkie (zerogottago)
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To: Jewbacca

I wouldn’t be surprised to see an IRS audit in here somewhere for the members of this court.


26 posted on 07/22/2014 7:40:23 AM PDT by skimbell
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To: gwjack

If its appealed to the full Circuit, keep in mind that Obama has packed it with his appointees so we may get a quick reversal. Hopefully it goes to th Supreme Court. At the very least, it will make Roberts squirm.


27 posted on 07/22/2014 7:40:23 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: circlecity

Lol. Got a chuckle from that.


28 posted on 07/22/2014 7:40:49 AM PDT by FamiliarFace
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To: Jewbacca

He’ll do it again. You watch.


29 posted on 07/22/2014 7:41:28 AM PDT by E. Pluribus Unum ("The man who damns money obtained it dishonorably; the man who respects it earned it." --Ayn Rand)
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To: gwjack
So it begins.

It may have begun with the Hobby Lobby decision, but this and one more coming up from a Corp. ( that is claimed to be maybe even more powerful that the HL decision ) are all little hands pushing ever so gently on Humpty-Dumpty's back and he is wobbling to say the least...

30 posted on 07/22/2014 7:41:50 AM PDT by taildragger (Not my Circus, Not my Monkey ( Boy does that apply to DC...))
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To: gwjack
Twitter Senator Ted Cruz ‏@SenTedCruz 3m 2.A significant victory for the American people & rule of law, but we must not rest http://www.cruz.senate.gov/?p=press_release&id=1566 … #FullRepeal
31 posted on 07/22/2014 7:41:59 AM PDT by sheikdetailfeather ("The Border Is On Fire & Washington Is Sending Us Gasoline" AZ Ranchers John Ladd & Fred Davis 7/14)
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To: DAC21

We should use this against them, and talk about how this is what happens when you pass a 2000 page law which nobody has read.

Clearly the law was written sloppily, to have this major oversight in it. We know what the intention was with the subsidies. But, the court to their credit was reading and interpreting the actual text of what the law says.

And that’s the basis for their decision. Let Pelosi etc. defend how they wrote and passed this bill in the first place. Let’s hit Pelosi over the head with her giant gavel.


32 posted on 07/22/2014 7:42:02 AM PDT by Dilbert San Diego (s)
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To: gwjack
"The ruling endorsed a controversial interpretation of the Affordable Care Act that argues that the HealthCare.gov subsidies are illegal because ACA does not explicitly empower a federal exchange to offer subsidized coverage, as it does in the case of state-created exchanges."

Oops. Guess Nancy just found out about something not in the law now that they've passed it.

More to the point, though: I just don't understand how on earth a judge - even a biased one - could rule in favor of the Administration if the law indicates one thing in one place and another thing somewhere else. Judges just can't "fix" errors in the text.

33 posted on 07/22/2014 7:43:01 AM PDT by alancarp
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To: gwjack

I wouldn’t celebrate too soon. It fits perfectly with the plan. Even though this will be challenged by the Obama administration I can’t help but think that they anticipated that and that the ensuing chaos—and there will be major chaos if this is upheld— is all part of the plan to destroy the current health care system in order to replace it with total socialized medicine.


34 posted on 07/22/2014 7:43:14 AM PDT by newheart (The greatest trick the Left ever pulled was convincing the world it was not a religion.)
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To: gwjack
Friday's bombshell ruling by the appeals court is expected to be met by Obama Administration asking for a panel made up of all the judges in the same circuit to review the ruling.

If it fails at that level, the administration can ask the Supreme Court to reverse the ruling.

That is not part of the legal process. In fact it may be illegal.

This should go direct to the Supreme Court.

35 posted on 07/22/2014 7:43:32 AM PDT by Focault's Pendulum (I live in NJ....' Nuff said!)
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To: yldstrk

The “bronze” plans only kick in after the policy holder has accrued a huge hospital bill, too.


36 posted on 07/22/2014 7:43:47 AM PDT by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
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To: All

http://www.washingtontimes.com/news/2014/jul/22/obamacare-dealt-serious-setback/?1#.U854L-SELzA.twitter


37 posted on 07/22/2014 7:44:11 AM PDT by sheikdetailfeather ("The Border Is On Fire & Washington Is Sending Us Gasoline" AZ Ranchers John Ladd & Fred Davis 7/14)
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To: gwjack

NBC - In a potentially lethal blow to Obamacare, a federal appeals court has ruled that the federal government may not subsidize health insurance plans bought by people in states that decided not to set up their own marketplaces under Obamacare.

The law clearly says that states are to set up the exchanges. But 34 states opted not to, and the federal government took over in those states. The court ruled that federal government may not pay subsidies for insurance plans in those states.


38 posted on 07/22/2014 7:45:03 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Conscience of a Conservative

Either way it will be decided by the Supremes, no?


39 posted on 07/22/2014 7:45:22 AM PDT by dinoparty
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To: gwjack

I’m not sure why anyone thinks this is the end of Obamacare? The next logical step in the”progression” ( notice the quotes around the derivation of the word progress?) is full blown federal health care.

Can’t you hear them? “All these people have invested in Obamacare. We can’t throw them to the wolves. We have to pay for it all!”


40 posted on 07/22/2014 7:45:36 AM PDT by raybbr (Obamacare needs a death panel.)
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To: gwjack

I live in GA, which did not create an exchange. I saw my dr. yesterday. He said Obamacare is working great in GA, & that during the next open enrollment I should sign up. Naturally, his premise for the boondoggle working well in this state is that the subsidies are in force. So what I infer from this article is that, should appeals fail, we’ll have no subsidies in GA?

If someone can confirm that I have the gist of it right, I’d appreciate it. Thank you in advance.

[Btw, I am rabidly against Obamacare. That’s just one reason I haven’t signed up.]


41 posted on 07/22/2014 7:45:56 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: circlecity

CNN? Obama won’t know about it unless it’s on the Man/Boy channel or ESPN


42 posted on 07/22/2014 7:46:15 AM PDT by atc23 (The Confederacy was the single greatest conservative resistance to federal authority ever)
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To: MHGinTN

There were theories when Roberts wrote both the for and against opinions for Obamacare that he was blackmailed into changing his vote.
Now that we know the NSA spied on Congresspeople, including the intelligence committee, the Obama administration using an NSA file to force Roberts to change his vote is a much more realistic proposition.


43 posted on 07/22/2014 7:46:38 AM PDT by tbw2
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To: skimbell
"I wouldn’t be surprised to see an IRS audit in here somewhere for the members of this court."

Obama will gradually work up the ladder of intimidation. If the IRS doesn't work, then indirect threats against the livelihood or health of members and families, then some version of the horse head in the bed, up to the full Soviet, black Zil that takes the miscreant away in the night.

44 posted on 07/22/2014 7:46:42 AM PDT by Truth29
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To: Dilbert San Diego

I’m not sure that the law prohibited the federal Govt from setting up an exchange — what it did prohibit, however, was federal subsidies from flowing through any other vehicle except a State exchange. So, the subsidies provided to individuals who used the Federal exchange because their State failed/refused to set one up aren’t legal, according to this Appeals Court ruling.

This will go higher.


45 posted on 07/22/2014 7:46:55 AM PDT by USNA74
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To: PJ-Comix

Here is a map State by State. It is a bit old so there could be some changes.

http://www.washingtonpost.com/blogs/wonkblog/files/2013/02/final-exchange-map.png

Mostly right leaning States. I wonder if PA, Maine, and Virginia try to change to a State exchange to get around the decision. Maybe the ship has sailed to attempt that?


46 posted on 07/22/2014 7:46:56 AM PDT by DAC21
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To: Jewbacca

It will collapse, but my question is will that matter to the statists?


47 posted on 07/22/2014 7:47:46 AM PDT by skeeter
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To: Focault's Pendulum
That is not part of the legal process. In fact it may be illegal.

Look up the term en banc.

48 posted on 07/22/2014 7:48:37 AM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: Jewbacca

It makes regular health insurance beyond the reach of low-income folks...period. Unless you invent a mythical tax break of some type, or tax credit, or imaginary tax refund (all of which the Republicans suggested instead of the current program)...this is mostly just waiting till December when folks figure out the cost has gone up twenty to forty percent, and they just decline to get health insurance in 2015.


49 posted on 07/22/2014 7:49:03 AM PDT by pepsionice
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To: Night Hides Not

That was my first thought -

“Illegal? Says who? I say what’s legal or not!”


50 posted on 07/22/2014 7:49:30 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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