Skip to comments.Fed appeals court panel says most Obamacare subsidies illegal
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 ...
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.
Cruz and Perry were the people behind getting the states to refuse to participate and which generated this.
38 states refused to participate.
It will collapse.
Author was Dan Mangan. Drat that auto-correct!
Admin Moderator - could you correct the original posting, please? Thank you.
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.
Obama can read this after his exercise regimen which consists of flapping his lips.
most people can’t afford it with the subsidies, most people can’t afford it
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.
From that video that was posted. He looked like he was handling up on those 5lb. dumbbells.
Does one really think this will stop Obama?
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.
Boy, Just wait until Obama watches CNN and finds out about this.
Does anyone know if this is an official ruling?
Roberts will get another chance to vote for the Constitution. Don’t let us down this time, John.
No problemo. Zero will just get out his pen and his phone and presto changeo law of the land.
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.
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.
I thought it was 36 states.
“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.
Could be. 30 ish.
This is gonna leave a really big skidmark.
He’ll find out after ESPN goes off the air.
I wouldn’t be surprised to see an IRS audit in here somewhere for the members of this court.
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.
Lol. Got a chuckle from that.
He’ll do it again. You watch.
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...
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.
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.
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 chaosand 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.
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.
The “bronze” plans only kick in after the policy holder has accrued a huge hospital bill, too.
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.
Either way it will be decided by the Supremes, no?
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!”
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.]
CNN? Obama won’t know about it unless it’s on the Man/Boy channel or ESPN
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.
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.
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.
Here is a map State by State. It is a bit old so there could be some changes.
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?
It will collapse, but my question is will that matter to the statists?
Look up the term en banc.
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.
That was my first thought -
“Illegal? Says who? I say what’s legal or not!”