“If successful, plaintiffs in Halbig v. Sebelius would have blocked premium tax credits in 36 states where the federal government is running an ObamaCare marketplace.”
The suit centers around is the plain text of the “we need to pass it to find out what’s in it” Patient Protection and Affordable Care Act. It clearly states that only state established healthcare exchanges may distribute subsidies. With subsidies come penalties, and ONLY state exchanges can issue subsidies and ONLY in states with a state exchange can the IRS tax you for not buying insurance.
That same subsidy/penalty language was not part of the PPACA provision that established the federal exchanges.
What is the problem you ask?
The IRS is issuing subsidies and enforcing the penalties under the federal exchanges – in violation of the law.
That was the plaintiffs claimed. U.S. District Court Judge Paul rejected it claiming, “The subsidies should be available in all 50 states, regardless of whether they created their own ObamaCare exchanges.”
The law is clear and “should be available in all 50 states, regardless of whether they created their own ObamaCare exchanges” is judicial activism not jurisprudence.
Michael F. Cannon, the Cato Institute’s director of health policy stated that, “The court acknowledged the tax rules are clear, yet overrode that clear language based on the absurdity that an exchange established by the federal government was actually ‘established by the state.’ ”
“…an exchange established by the federal government was actually ‘established by the state.‘
Could there be a more ridiculous ruling by a judge?
This proves a point we make often here at the Tenth Amendment Center. Taking federal violations to a federal court is a waste of time, It fits well with that other tired establishment protection policy of “vote more of us into office and will fix the problem.”
Voting the bums out only gets us, new establishment bums!
We must face the facts; no branch of the federal government will ever block or fix the problems that the federal government creates.
LOCAL non-compliance and actions to thwart the unconstitutional “laws” of the federal government are the ONLY way to stop the federal government.
Refuse to COMPLY it is time to NULLIFY Obamacare!