Posted on 12/03/2013 8:58:35 AM PST by don-o
Obamacare is still being challenged in the courts. And the problem presented by one of the challenges is very, very serious.
The argument, which is being heard today by a federal judge in the District of Columbia, is being being brought as part of several cases launched by states like Indiana and Oklahoma as well as business owners and individuals.
You see, Healthcare.gov may have a bigger problem than page load timeouts. According to the text of the Obamacare law, the federal exchange program the website offers to the public is not supposed to hand out subsidies. And yet, without subsidies, Obamacare is not workable.
The Affordable Care Act provides that subsidies will be available to those who “were enrolled in through an exchange established by the State.” But 36 states refused to set up exchanges. And so their citizens must participate in the federal exchanges. And, according to the letter of the law, they can’t have subsidies and have to pay the sticker price for insurance. Which is unaffordable.
Opponents of the suit don’t deny the plain language of the law. They claim that if you look at the law in its entirety, including the provision of a federal exchange, it’s clear that Congress was creating a federal program intended for everyone to get subsidies.
But the climate is bad for such arguments.
The case may well go to the Supreme Court, where there are five justices who tend to take the specific wording of legal documents – like, say, the Constitution – seriously. One of them, John Roberts, will be under extraordinary pressure to reverse the damage he did by failing to agree that the individual mandate was unconstitutional.
(Excerpt) Read more at whitehousedossier.com ...
They already have their conclusion in mind and are writing up a justification for it without hearing the case.
And when it gets to Roberts, he’s still under the same blackmail threat he was when he twisted the argument around to say it was a tax.
Fingers crossed, but I just don’t see this president and this government following the law should it go against them.
Fingers & toes and ears crossed. . . . . . Also eyes.
For this to work, someone needs to go all-Jack-Bauer on the Holder Compound and retrieve the pictures of Roberts they have in the vault.
It is a tax but it is an unconstitutional form of tax. Nothing in the constitution allows a federal-government-run Obamacare. The Constitution will not allow Socialism. That’s why the Left hates the Constitution.
I wonder how many Democrats secretly hope the courts put an end to Obamacare?And soon,before the next election.
Zero chance this will happen. The fix is in. TPTB want control and the courts will not dare to stand in the way.
Is there a shred of evidence to support that assertion? I have not seen it.
“they can’t have subsidies and have to pay the sticker price for insurance. Which is unaffordable.”
That’s cute. So for those people making 1000 bucks over the subsidy cutoff, the ridiculous premium prices are magically affordable?
Other than the fact that it is patently unconstitutional...
It would seem you can't give some subsidies and tell others to pay and shut up.
“The Courts May Yet Destroy Obamacare”
And pigs may yet fly.
I agree....it’s going to cost them...and it’s going to be close because of the percentage of the hopeless, ignorant masses.
I’ll post it again, Lucy, a football, and Charlie Brown. Nuf said.
Traitor Roberts won’t let any negative rulings stand.
This is why he had Sen Reid Nuke the filibuster. He wants to stack the DC appeals Court so these challenges will be made more difficult.
Our Courts today are much like the German courts of 1939.
A liberal president with the cooperation of the Democrat Senate has loaded them with people who will do what Obama tells them to do.
I hope they give it a severe blow. I’m in Oklahoma and I’ve read some comments by readers of the local newspaper that our Attorney General is wasting taxpayer money by challenging this on behalf of Oklahoma.
I’m glad he’s doing it!
All the judges have to do is liberally construe the law - it worked in NJ
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