Political Forums  

Go Back   Defending The Truth Political Forum > Political Forum > Current Events

Current Events Current Events Forum - Latest political news and events


Thanks Tree13Thanks
Reply
 
LinkBack Thread Tools Display Modes
Old July 22nd, 2014, 08:07 AM   #1
Senior Member
 
Join Date: Jun 2013
Location: Katmandu
Posts: 4,995
Federal Appeals Court Destroys Obamacare

If this stands it is a deathblow to Obama and Obamacare. Millions of people that got $15,000 Obamacare policies for $5 a month will have to cough up thousands.


Federal appeals court deals blow to health law

It affects consumers who purchased their coverage through the federal insurance marketplace — or exchange— that serves 36 states.

A three-judge panel in Washington ruled 2-1 that the law, as written, only allows insurance subsidies in states that have set up their own exchanges. That invalidated an Internal Revenue Service regulation that allowed subsidies in all 50 states.
Thanks from caconservative and McCoy
Libertine is offline  
Old July 22nd, 2014, 08:55 AM   #2
Senior Member
 
skews13's Avatar
 
Join Date: Nov 2012
Location: nirvana
Posts: 8,514
Quote:
Originally Posted by Libertine View Post
If this stands it is a deathblow to Obama and Obamacare. Millions of people that got $15,000 Obamacare policies for $5 a month will have to cough up thousands.


Federal appeals court deals blow to health law

It affects consumers who purchased their coverage through the federal insurance marketplace — or exchange— that serves 36 states.

A three-judge panel in Washington ruled 2-1 that the law, as written, only allows insurance subsidies in states that have set up their own exchanges. That invalidated an Internal Revenue Service regulation that allowed subsidies in all 50 states.
Millions of people that got $15,000 Obamacare policies for $5 a month will have to cough up thousands.

And you see this as a winner for your side. LOL. First it will be appealed, so nothing has happened yet. Second the states that have set up exchanges will continue the subsidies, and medicaid expansion, and it now puts more pressure on state legislatures to open exchanges. But by all means tell the constituents in your state that their subsidies are going to be taken away, and that those who are eligible won't get access to Medicaid either. I'm sure it will be a real winner for you. And thanks in advance for handing the 2016 elections to the Democrats. What was a likely possibilty is now a sure thing.
skews13 is offline  
Old July 22nd, 2014, 09:05 AM   #3
Mayor of Realville
 
webguy4's Avatar
 
Join Date: Nov 2012
Location: Michigan
Posts: 14,986
don't worry your pretty little liberal heads about this, obama has already responded with a pledge to ignore the law.

business will go on as usual.
Thanks from sgtdmski and McCoy
webguy4 is offline  
Old July 22nd, 2014, 09:08 AM   #4
Senior Member
 
Join Date: Jun 2012
Location: In the mind of commie hippies
Posts: 38,895
Quote:
Originally Posted by skews13 View Post
Millions of people that got $15,000 Obamacare policies for $5 a month will have to cough up thousands.

And you see this as a winner for your side. LOL. First it will be appealed, so nothing has happened yet. Second the states that have set up exchanges will continue the subsidies, and medicaid expansion, and it now puts more pressure on state legislatures to open exchanges. But by all means tell the constituents in your state that their subsidies are going to be taken away, and that those who are eligible won't get access to Medicaid either. I'm sure it will be a real winner for you. And thanks in advance for handing the 2016 elections to the Democrats. What was a likely possibilty is now a sure thing.
Skews seems to have made a compelling legal argument regarding the ruling. Perhaps he can share with us the errors the court commited in the ruling so we can be better informed.
Jimmyb is offline  
Old July 22nd, 2014, 09:12 AM   #5
Senior Member
 
Join Date: Dec 2012
Location: California
Posts: 17,212
Quote:
Originally Posted by skews13 View Post
Millions of people that got $15,000 Obamacare policies for $5 a month will have to cough up thousands.

And you see this as a winner for your side. LOL. First it will be appealed, so nothing has happened yet. Second the states that have set up exchanges will continue the subsidies, and medicaid expansion, and it now puts more pressure on state legislatures to open exchanges. But by all means tell the constituents in your state that their subsidies are going to be taken away, and that those who are eligible won't get access to Medicaid either. I'm sure it will be a real winner for you. And thanks in advance for handing the 2016 elections to the Democrats. What was a likely possibilty is now a sure thing.
Ahh, who's making up the difference? $5 for $1,500?
caconservative is offline  
Old July 22nd, 2014, 09:20 AM   #6
Banned
 
Medicine Man's Avatar
 
Join Date: May 2013
Location: Northeast
Posts: 9,784
Quote:
Originally Posted by webguy4 View Post
don't worry your pretty little liberal heads about this, obama has already responded with a pledge to ignore the law.
Gee.....and, you forgot to post it??!!!!

Medicine Man is offline  
Old July 22nd, 2014, 09:21 AM   #7
Senior Member
 
skews13's Avatar
 
Join Date: Nov 2012
Location: nirvana
Posts: 8,514
Quote:
Originally Posted by caconservative View Post
Ahh, who's making up the difference? $5 for $1,500?
You do know that even if the decision were to stand, which is questionable once it reaches the full appeals court where there won't be a majority of conservative judges, your tax dollars will still be going to states that have opened exchanges and have expanded Medicaid right? There won't be any court decisions that changes that. So on behalf of the citizens of the states receiving your tax dollars, while the citizens of your state gets nothing for it, thank you for your contribution of free tax dollars to those states. There are a lot of state legislatures and governors that will be in for a rude awakening after 2016. Looks like there's some red states that will be turning blue a lot faster than I expected.
Thanks from McCoy
skews13 is offline  
Old July 22nd, 2014, 09:23 AM   #8
Senior Member
 
Join Date: Jun 2012
Location: In the mind of commie hippies
Posts: 38,895
Quote:
Originally Posted by skews13 View Post
You do know that even if the decision were to stand, which is questionable once it reaches the full appeals court where there won't be a majority of conservative judges, your tax dollars will still be going to states that have opened exchanges and have expanded Medicaid right? There won't be any court decisions that changes that. So on behalf of the citizens of the states receiving your tax dollars, while the citizens of your state gets nothing for it, thank you for your contribution of free tax dollars to those states. There are a lot of state legislatures and governors that will be in for a rude awakening after 2016. Looks like there's some red states that will be turning blue a lot faster than I expected.
I'm waiting for you to point out the errors in the rulings.
Thanks from caconservative
Jimmyb is offline  
Old July 22nd, 2014, 09:40 AM   #9
Senior Member
 
Join Date: Dec 2012
Location: California
Posts: 17,212
Quote:
Originally Posted by skews13 View Post
You do know that even if the decision were to stand, which is questionable once it reaches the full appeals court where there won't be a majority of conservative judges, your tax dollars will still be going to states that have opened exchanges and have expanded Medicaid right? There won't be any court decisions that changes that. So on behalf of the citizens of the states receiving your tax dollars, while the citizens of your state gets nothing for it, thank you for your contribution of free tax dollars to those states. There are a lot of state legislatures and governors that will be in for a rude awakening after 2016. Looks like there's some red states that will be turning blue a lot faster than I expected.
So your saying, the taxpayer is once again on the hook for paying for the irresponsible?
Thanks from Jimmyb
caconservative is offline  
Old July 22nd, 2014, 10:23 AM   #10
Banned
 
excalibur's Avatar
 
Join Date: Apr 2013
Location: The Milky Way
Posts: 24,581
Halbig v. Burwell - A Blow to Obamacare

BREAKING ? D.C. Circuit strikes down tax credits in federal exchanges - The Washington Post

Quote:
This morning the U.S. Court of Appeals for the D.C. Circuit released its much awaited opinion in Halbig v. Burwell. In a 2-1 opinion, the Court held that the Internal Revenue Service regulation authorizing tax credits in federal exchanges was invalid. Judge Griffith, writing for the court, concluded, “the ACA unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges ‘established by the State.” In other words, the court reaffirmed the principle that the law is what Congress enacts — the text of the statute itself — and not the unexpressed intentions or hopes of legislators or a bill’s proponents. Judge Randolph joined Judge Griffith’s opinion and wrote a concurrence. Judge Edwards dissented. The opinions are available here.

Here is the introduction to Judge Griffith’s opinion:
Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (ACA or the Act), makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces—known as “American Health Benefit Exchanges,” or “Exchanges” for short—that are “established by the State under section 1311” of the Act. 26 U.S.C. § 36B(c)(2)(A)(i). On its face, this provision authorizes tax credits for insurance purchased on an Exchange established by one of the fifty states or the District of Columbia. See 42 U.S.C. § 18024(d). But the Internal Revenue Service has interpreted section 36B broadly to authorize the subsidy also for insurance purchased on an Exchange established by the federal government under section 1321 of the Act. See 26 C.F.R. § 1.36B-2(a)(1) (hereinafter “IRS Rule”).

Appellants are a group of individuals and employers residing in states that did not establish Exchanges. For reasons we explain more fully below, the IRS’s interpretation of section 36B makes them subject to certain penalties under the ACA that they would rather not face. Believing that the IRS’s interpretation is inconsistent with section 36B, appellants challenge the regulation under the Administrative Procedure Act (APA), alleging that it is not “in accordance with law.” 5 U.S.C. § 706(2)(A).

On cross-motions for summary judgment, the district court rejected that challenge, granting the government’s motion and denying appellants’. See Halbig v. Sebelius, No. 13 Civ. 623 (PLF), 2014 WL 129023 (D.D.C. Jan. 15, 2014). After resolving several threshold issues related to its jurisdiction, the district court held that the ACA’s text, structure, purpose, and legislative history make “clear that Congress intended to make premium tax credits available on both state-run and federally-facilitated Exchanges.” Id. at *18. Furthermore, the court held that even if the ACA were ambiguous, the IRS’s regulation would represent a permissible construction entitled to deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).

Appellants timely appealed the district court’s orders, and we have jurisdiction under 28 U.S.C. § 1291. Our review of the orders is de novo, and “[o]n an independent review of the record, we will uphold an agency action unless we find it to be ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’” Holland v. Nat’l Mining Ass’n, 309 F.3d 808, 814 (D.C. Cir. 2002) (quoting 5 U.S.C. § 706(2)(A)). Because we conclude that the ACA unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges “established by the State,” we reverse the district court and vacate the IRS’s regulation.
Although this decision is faithful to the text of the PPACA – that is, faithful to the text Congress actually enacted, as opposed to the health care reform some wanted or now wish they had gotten — it will provoke howls of outrage from ACA supporters. (Let the disdain campaign begin.)


Thanks from Jimmyb and McCoy
excalibur is offline  
Reply

  Defending The Truth Political Forum > Political Forum > Current Events

Tags
appeals, blow, burwell, court, destroys, federal, halbig, obamacare



Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Forum Replies Last Post
President Obama Nominates Two to Serve on the US Court of Appeals for the Federal Cir The White House The White House 0 February 7th, 2013 10:24 AM
BREAKING: Ninth Circuit Court of Appeals Sends Proposition 8 to Supreme Court! elmo5159 Gay and Lesbian Rights 1 June 5th, 2012 08:04 PM
Appeals court: Denying federal benefits to same-sex couples is unconstitutional elmo5159 Gay and Lesbian Rights 30 June 1st, 2012 02:00 AM
Federal Appeals Court Upholds "obamacare" waitingtables Current Events 31 November 13th, 2011 06:33 AM
The Federal Appeals Process tadpole256 Political Talk 2 May 31st, 2005 12:21 PM


Facebook Twitter RSS Feed



Copyright © 2005-2013 Defending The Truth. All rights reserved.