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Federal court rules the Federal subsidies in Obamacare are illegal

July 22, 2014

  The big news of the day is the court ruling which stated that subsidies issued by Federal exchanges are illegal so I guess I have to write something about it. The news was splashed all over Facebook and Drudge today, as well as every news outlet. People are calling this decision a crippling or a potentially fatal blow to the entirety of the law, but I am sorry, I just cannot get excited about this news for nothing is going to change.

  Shortly thereafter a second court ruled that the Federal subsidies could stand. While both of these decisions are appealed the subsidies will continue and the law will become more deeply embedded making it harder, if not impossible, to repeal. I hate to break this news to you but the chance to repeal this law–if there ever really was a chance–was lost when Barack Obama won reelection.

  And lest we forget the appeal on the first decision will be headed to the very same DC Court of Appeals which Barack Obama has been packing since Harry Reid changed the filibuster rules so how do you think that is going to turn out?

  At issue is the wording of the legislation: it allows state run exchanges to offer subsidies but it does not let Federal run exchanges to provide subsidies. This was an error which was missed in the rush to pass Obamacare. All this really tells us is that maybe our elected officials should have read the bill before they passed it. If they had perhaps this would not be an issue in the first place.

12 Comments leave one →
  1. Petermc3's avatar
    July 22, 2014 7:02 pm

    The real question here is when SCOTUS gets the case does John Roberts reprise the unkindest cut of all?

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    • Steve Dennis's avatar
      July 22, 2014 7:03 pm

      I do not think he will at that point.

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    • thegeorgiayankee's avatar
      July 25, 2014 12:00 pm

      That’s the beauty of the lifetime appointment to the federal bench – justices are not beholden to anyone.

      Take good care and may God bless us all!

      TGY

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      • Steve Dennis's avatar
        July 25, 2014 6:44 pm

        Many people are opposed to lifetime appointments but your comment is exactly the reason why the Founders thought it important that judges are lifetime appointments.

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  2. Bruce's avatar
    Bruce permalink
    July 22, 2014 7:13 pm

    Listening to the evil radio I listen to, it sounds like there is no chance of this holding up. The combination of a stacked deck against us, and the incredible luck the Anointed One has, this is nothing more than a tease.

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  3. Brittius's avatar
    July 22, 2014 7:36 pm

    Reblogged this on Brittius.

    Like

  4. thegeorgiayankee's avatar
    July 25, 2014 12:03 pm

    I think you nailed it here, Steve – whether you’re for against the ACA, this ruling likely won’t stand, especially considering the truth of your final paragraph. Anyone who followed the debate and the legislative history cannot believe that Congress intended to punish states that didn’t set up their own exchanges by denying subsidies to their citizens – in fact, I have serious doubts that such an arrangement would itself pass Constitutional muster.

    A glorious weekend to all!

    Take good care and may God bless us all!

    TGY

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    • Steve Dennis's avatar
      July 25, 2014 6:46 pm

      Thanks TGY but it now looks like I was wrong now that that video has surfaced. (I left a response to your comment on that post as well.) I still feel as if this ruling will not stand up in the end but I guess we will see what happens now that Gruber is on record admitting this was intended.

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