One of the methods championed by the Tenth Amendment Center to rid America of the Obamacare cancer was proven effective recently.
A recent court decision affirmed Oklahoma citizens’ right to refuse the creation of a health insurance exchange in their state; the first big step towards a practical nullification of the law. Specifically, since it refused to set up a health insurance exchange, the state won a favorable opinion in its case against Sylvia Mathews Burwell. The judge, in essence, ruled that the convoluted nature of the federal government’s directive to set up an exchange invalidated its legitimacy.
According to an article written in the Washington Post, “another federal court concluded that the IRS rule authorizing tax credits and cost-sharing subsidies for the purchase of health insurance in federal exchanges violates the text of the PPACA [Patient Protection and Affordable Care Act].” Specifically, the ruling states, “The court holds that the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.”
Sounds like good news to those who see Obamacare and the Roberts’ decision on the individual mandate as the onset of corporatism in our country, right?
In the opinion of US District Court Judge Ronald White this case is one of statutory interpretation, regardless of how the interpretation benefits one party or another, not a repudiation of the act. He continues by underscoring, “Such a case (even if affirmed on the inevitable appeal) does not “gut” or “destroy” anything. On the contrary, the court is upholding the Act as written. Congress is free to amend the ACA to provide for tax credits in both state and federal exchanges, if that is the legislative will.”
Is this decision favorable to those who oppose Obamacare?
Does this case in any way strike at the root of the true evil Obamacare imposes on our society?
Therefore, those who want to see Obamacare ended must see this as a small battle won in a fight that must strike far deeper into the heart of the Affordable Care Act, which this case does not.
Today, state by state nullification of Obamacare is the only real solution. This means a tireless few patriots in each state must press every congressman and candidate to adopt the mechanisms and tools to ban state participation in the act. This is the only remedy.
These tools and procedures can easily be implemented in every state, not only to act as a force-multiplier to decisions such as that of the Oklahoma vs. Burwell case, but also destroy the precedent set by Obamacare and the individual mandate. Without such an effort, future generations will live in a world in which it is perfectly legal for government to tax citizens for not buying the products and services of the huge corporations that buy and sell influence among them every year.
- The Courts Won’t Stop Obamacare, The States Need To - November 4, 2014