BATTLE MUCH BIGGER THAN SOCIALIZED MEDICINE …
By Bill Wilson || Do we live in a nation of laws enacted by our duly elected representatives? Or do we live in a country in which a handful of elites can do as they please with no regard to those laws — or due process for those affected by them? This is the central question the U.S. Supreme Court must answer in the wake of Halbig v. Burrell — the court case that could derail Barack Obama’s socialized medicine monstrosity once and for all.
Forget repealing, defunding or nullifying Obamacare: This is the silver bullet the law’s opponents have been looking for all along. But Halbig is much bigger than that — it’s a fight over the validity of every law passed by the U.S. Congress. Ever.
On July 22, a three-judge panel of the U.S. Court of Appeals for the District of Columbia determined that the Internal Revenue Service (IRS) had exceeded its authority in extending Obamacare subsidies to the thirty-six states that rejected the law’s state-run exchanges. They ruled this way because the president’s law expressly limited the availability of subsidies (and the taxes necessary to fund them) to exchanges “established by the State.”
It’s right there, in black and white.
Obamacare supporters (and many of the administration’s mainstream media advocates) claim Congress intended to make these subsidies available to all states regardless of whether they created exchanges. According to them, a handful of Republican judges are nit-picking the law — trying to sink it on a “technicality.”
Congressional intent is obvious, they add, because Obamacare simply cannot survive without the revenue derived from a nationwide implementation of its insidious “individual mandate.”
Is the “intent” argument valid? Of course not …
(To continue reading this piece, press the “Read More …” icon below).
Bill Wilson is a board member of Americans for Limited Government. This column – which originally appeared on NetRightDaily – is reprinted with permission.
30 comments
The IRS will have already given those subsidies for the first year by time SCOTUS hears it and decides. If SCOTUS strikes down subsidies for states not running their own exchanges, it will affect millions of people, and if Republicans refuse to amend the law to fix that, it will be on their heads. They will attempt to spin it, but the reality is that a simple altering of the bill’s language would render all of this irrelevant.
The Republicans haven’t taken much flak for refusing the Medicaid expansion because ultimately refusing to expand it means things stay the way they were for Medicaid. That’s not the case with the exchanges. You will be taking away subsidies from millions that helped them afford health insurance.
Sorry, but I see one of two outcomes.
1) SCOTUS rules 5-4 (Roberts again pissing off the hard right) in favor of subsidies going to states with a federal exchange.
2) SCOTUS rules 5-4 against subsidies going to states with a federal exchange, establishment GOP squeaks through a bill fixing the language of the bill in exchange for some tradeoffs, most likely cutting the tax on the medical billing industry, or just cutting taxes for rich people again.
#2 would be funny just to see Howie and Wilson launch into a limp-dicked tirade against the GOP on NetRightDaily, and people like Michael Savage claiming Roberts is off his meds again. Unfortunately, #2 would likely result a slightly weaker ACA and a larger deficit (from tax cuts paired with little to no spending cuts), so here’s hoping for #1.
So you are resurrecting the silly idea that it is Republicans’ fault if they will not help Obama patch the holes in the sinking SS Obamacare? No matter how many times the left try to spread the blame, no one will buy that the Obamacare mess falls on anyone other than its namesake. The Republicans can just play an endless loop of Pelosi saying we need to pass the bill to see what’s in it whenever the figure pointing starts.
And taking away the subsidies will let people see just what Obama has done to premiums, and reveal another one of his serial lies about the bill – that it will reduce healthcare costs.
Ah so they will come to the conclusion the GOP plan was right all along. Oh wait, what plan was that? I forgot there wasn’t one.
Oh well, if we have to go back to the drawing board I am sure President Clinton will have some ideas.
“Oh well, if we have to go back to the drawing board I am sure President Clinton will have some ideas.”
I’m ready for Hillary!
Yeah, her Hillarycare plan got a lot of traction…
“Yeah, her Hillarycare plan got a lot of traction…”
That was as First Lady . . . this is gonna be a color of a different horse! (and save your breath numbskulls – yes, I’m aware I took poetic license with that expression . . .)
Yeah but it will still be the same old horse’s ass…
“Yeah but it will still be the same old horse’s ass…”
LOL Hillary has not even been elected – yet – you folks have already started – gonna be another long eight years! LOL
I never stopped. She hasn’t hit a snowball’s chance in hell of winning.
You know this stuff lives forever on the Internet, right? Let’s check back on this on 9 November 2016
See my offer below.
“She hasn’t a snowball’s chance in hell of winning.”
Dude, I respect your commentary much of the time, but you are off base on this one. If she runs, assuming there’s no major health issues, she steam rolls Jeb or whoever else the GOP puts up.
The GOP is fractured and the demographics now favor the parasites and closet commies, in essence, the GOP is screwed…can’t say I’m upset about it either…it is what it is.
If it makes you feel any better, the Dems could end up presiding over a dollar burn up and Soviet style breakup if things get bad enough.
“I never stopped. She hasn’t a snowball’s chance in hell of winning.”
LOL How many times did you say that about President Obama?!? Too funny!
Okay boys and girls here’s the deal: Hillary won’t be the candidate. If I’m wrong, I’ll buy the first round at Kwaga’s out in the northeast on election night.
Maybe Romney will reveal his plan. You remember, the one he could not tell us about until he was elected. Unless he is sticking by that rule, in which event I guess we will never know.
We could go with the Ron Paul, “Let them Die” Plan; or expanding the Paul Ryan, “Kill Medicare Plan” to everyone.
“…You remember, the one he could not tell us about until he was elected…”. Sort of like having to “…to pass the bill so that you can find out what is in it…”-right?
“Maybe Romney will reveal his plan. You remember, the one he could not tell us about until he was elected.”
Shhhh! It’s a secret . . .
Another ridiculously false talking point! You guys are on a roll. But the status quo would be preferable to this mess. If our healthcare industry was a patient with a spinal cord injury, Obamacare would be like trying to treat it with the Heimlich manuever. But hey, at least you would be “doing something!”
“But hey, at least you would be “doing something!”
Exactly! I knew I could count on you, CL. Spot on. They should do NOTHING. And that is exactly what your Republican elected officials have been doing – NOTHING – except wasting taxpayer money over and over and over – doing NOTHING.
Saying nothing would be better than what Obama did does not mean my preferred path was to continue doing nothing. To keep with my analogy, I would prefer we actually treat the spinal injury rather than flailing around making things worse. I’ve made that point repeatedly, so you are either incapable of understanding or just being dishonest.
SCOTUS learned their lesson with Obama. ACA is fucked.
Udder Horse Manuer! Everyone knows what the goals of this laws was when past to cover as many people as possible and that is what it did through State exchanges and the when States were recalcitrent through Federal exchanges. To focus on the wording od the law is absolutely stupid absurd and rediculos, Everyone knows how fast this bill was put to gether under total Republican resistance (not bypartisanship) and things mite be somewhat half baked and unclear but that could be sorted out later. by Obama with the principals of common sense. There is no way the SCOTUS wuill touch this with a ten foot poll.All they needto do is wait for the enbanc decision of the circuit court witch has enough democrats on it to see that the case never sees thelight of day! This is whty we went Nuclear Option with Harry Reed to cut the Supreams out of the process. People need to see it what it is a last grasp attempt by consevatives who lost.
If the tax breaks are eliminated, a couple of states will start there own exchanges. In the other states, under the individual and employer mandates, the federal exchange is dead because it’s price would be no cheaper than the free market. Will the uninsured still have to pay penalties? No. Not if their premium is greater than 8% of their income.
The GOP will not budge on a fix without an overhaul of the whole ACA so extensive that it could not be called Obama care any longer.
So how are people supposed to sing-up in Health Care dot gov this November when they might not be getting any subsidies??? !!! Any bright buld going to answer that? This is OUTRAGEOUS !!!
If you had tried to sign up via the website you’d have learned how futile it all is. My gut tells me Dems retract the penalties in exchange for the GOP looking the other way on the subsidies….which would actually be a great compromise if we are that lucky.
Bill Wilson . . . Americans for Limited Government . . .blah blah blah
P. S. Howie Rich is boiling Bill Wilson’s pet rabbit as we speak . . .
Y’all are right. I’m just an ignorant fucktard who doesn’t know what he’s talking about.
Let me fill you all in on this. The D.C. Court was stacked with Obama appointees last January after Reid detonated the “Nuclear Option” in the Senate. The full D.C. Court in less than 6 months WILL reverse the Halbig v. Burwell. Taking this reversal along with the 4th Appeal’s decision allows subsidies to continue. Also the D.C. Court’s decisions are voted on by their members allowing any case to go to the Supreme Court. It is not automatic. Reid saved Obamacare through the courts by preventing Republicans to advise and consent on any Federal judge confirmations or any future appointee. The fix was decided last January through the “nuclear option” allowing the Democrats in the Senate to put three of their judges on the D.C. Court. Wake up already!
Hi there, Bill Wilson, question: Where do YOU get your health insurance?
My air conditioner repairman was here today talking about that.
He gets his from Obamacare[ says otherwise he cannot afford it as a small businessman with only three employees.
He didn’t serve in the military or any government agency and so he’s pleased / thankful for Obamacare.
Along with me and millions of other Americans.
So please tell us, Bill, where you get health insurance.
“He gets his from Obamacare[ says otherwise he cannot afford it…”
——————-
I had insurance I was happy with. In the past 2 years it has gone up 38% and the number or providers on my plan has declined.
Obama supporters say It’s not the fault of Obamacare, but the insurance industry is just reacting to a market that Obamacare has turned on its ears.
I did not enroll in Obamacare. I might be eligible for some tax subsidy. I have always felt that I should not accept any government benefits that are contingent on my income unless I was endanger of hunger or homelessness. My mother’s Yankee puritanism might explain this.
Liberals would prefer that everyone is dependent on the government. They have been very successful toward achieving that goal.