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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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To: MUDDOG
the carrot of subsidies to get the states to set up healthcare exchanges.

The question is: will Roberts ignore the facts and redefine the incentive?

241 posted on 07/22/2014 10:04:51 AM PDT by Jeff Chandler (Conservatism is the political disposition of grown-ups.)
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To: CodeToad

That $112 B/C monthly plan was a bare-bones plan and high deductible (figure $5000 a year in those days). The problem is that the administration got into defining what was bare-bones and the new minimum of gov’t health plans. That one twist in the whole saga is what drove almost all plans to go beyond reason.

Once you hit $800 a month for a family, and $6000 a year on deductible....it’s beyond the normal middle-class family who makes $50,000 a year.


242 posted on 07/22/2014 10:08:41 AM PDT by pepsionice
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To: tcrlaf
"Racist" is the equivalent of the N-word, for insulting white people.

What if our side reacted to the R-word like it's the N-word? With shock, outrage, indignation at the ignorant and bigoted user of the R-word.

243 posted on 07/22/2014 10:11:02 AM PDT by MUDDOG
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To: mlo

“And you imagine the Congress is going to pass that?”

I would bet that, somewhere in the ACA, is hidden provision that allows the president to declare the federal government has the right to do it. Or, he’ll sign an Executive Order.


244 posted on 07/22/2014 10:12:29 AM PDT by raybbr (Obamacare needs a death panel.)
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To: DestroyLiberalism

<<
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.
>>

************************************************************

‘This disturbing detail would be enough to convince me to switch to a new doctor.’

I was quite surprised. He is as strongly against Obama as any person I’ve ever met. He was formerly just as exercised against Obamacare. What caused his turnaround, I gather, is that he signed up & his rates went down. I guess if he is really saving a few bucks it’s hard to be as bombastic as he used to be. Still wondering about the whole episode, though. It took me aback.


245 posted on 07/22/2014 10:14:07 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: pepsionice

That $112 B/C monthly plan was a bare-bones plan and high deductible (figure $5000 a year in those days). “

No, you didn’t read what I said. It was a $250, not $5,000, deductible. I knew of no plans that had a $5k deductible.

It is nothing but liberal propaganda that there were no affordable medical plans and I am not going to let you repeat such propaganda here.

Affordable health care plans existed, regardless of the propaganda the liberals stated every day. ANYONE could afford $112.


246 posted on 07/22/2014 10:14:12 AM PDT by CodeToad (Arm Up! They Are!)
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To: SCalGal

‘Personally, I’d rather deal with the IRS over the penalty.’

I’m going to work hard at getting an exemption from that. I read a list somewhere of all the reasons you can use for an exemption. Should be possible somehow, with sufficient effort, to wriggle out of it, it seems to me.


247 posted on 07/22/2014 10:15:53 AM PDT by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: C210N
What exactly makes up en-banc, though? 18 sounds pretty unwieldy.

There are 11 active judges in the D.C. Circuit.

248 posted on 07/22/2014 10:17:53 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: tanknetter
Ok, so a party line en banc split results in the decision being upheld 10-8.

There are only 11 active judges in the D.C. Circuit.

249 posted on 07/22/2014 10:21:30 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: gwjack

Conflicting judgments from courts as cited on msn

A three-judge panel unanimously said the law was ambiguous, and that it would defer to the IRS’s determination that subsidies could go to individuals who purchased health insurance on both federal and state-run exchanges.

A separate panel from a federal appeals court in Washington on Tuesday morning said the IRS could not offer premium tax credits to people who purchase insurance through the federal insurance marketplace that serves most of the 8 million consumers who have signed up for private coverage for 2014.


250 posted on 07/22/2014 10:22:19 AM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Hoodat
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.

Based on the equal protection clause of the constitution, wouldn't Obamacare then become, by definition, unconstitutional because it treats citizens in some states differently than others?

251 posted on 07/22/2014 10:23:12 AM PDT by Go Gordon (Barack McGreevey Obama)
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To: circlecity

keyboard spew alert


252 posted on 07/22/2014 10:23:15 AM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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To: Fantasywriter
mandate penalty

I'm interested in how Rush gets out of it.

He's said on the show that he didn't buy a policy and he's going to file for a "hardship" exemption, but that seems awfully shaky to me.

1% of income is a big number for Rush.

I bet he secretly bought a bronze plan, just to avoid the penalty. (It's a lot cheaper than 1% of his income.).

BTW the Halbig decision in effect eliminates the penalty for those making less than 400% of fed poverty level (approx 45,000 for indiv, $95,000 for family) in states with no state exchange. (See Post #194.)

253 posted on 07/22/2014 10:25:47 AM PDT by MUDDOG
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To: gwjack

obamacare is like the evil villain in a hrorror movie.

I won’t believe it’s dead until its been dismemembered, stomped, beheaded, driven over, and lit on fire. And even then its probably not dead. But one can always hope.


254 posted on 07/22/2014 10:26:22 AM PDT by Cubs Fan (false claims of racism--the first refuge of a scoundrel)
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To: Jeff Chandler

You’re right that the “scrivener’s error” argument shouldn’t fly, but that wouldn’t stop the Supreme Court from relying on it. Again, if Roberts wanted to knock down Obamacare, it would have happened already.


255 posted on 07/22/2014 10:26:51 AM PDT by Conscience of a Conservative
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To: gwjack
"If the ruling stands," the winner will be Congress. The law was written, debated, and amended, with the legislative purpose of explicitly preventing states on the federal exchange from getting subsidies. Subsidies were supposed to be an incentive for states to create their own exchanges. At the time, it was a political strategy by red states to reject state exchanges and leave Obamacare to the federal government.

Obama's response was what he usually does, ignore the law and issue a dictatorial diktat.

If a higher court overturns this ruling in the name of protecting Obama and essentially ignoring the law as passed, then they are basically saying that Congress has no authority anymore. By extension, they would be ruling that the people no longer have any constitutional expectation of representation.

-PJ

256 posted on 07/22/2014 10:31:00 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: PJ-Comix

The entire DC Circuit is going to overturn this, people.


257 posted on 07/22/2014 10:31:40 AM PDT by chessplayer
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To: gwjack

Most? All of Obamacare is illegal.


258 posted on 07/22/2014 10:34:00 AM PDT by NC Cons
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To: MUDDOG
1% of income is a big number for Rush.

If he dad to pay a fine, the max would be the average price of a bronze plan for his age. Maybe something like $5500 or so..

259 posted on 07/22/2014 10:35:05 AM PDT by EVO X
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To: EVO X

dad = had


260 posted on 07/22/2014 10:36:25 AM PDT by EVO X
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