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In Potentially "Lethal Blow" For Obamacare, US Appeals Court Finds Insurance Subsidies Invalid In Most States
It may be back to square 1 for Obamacare.
Moments ago, in what NBC classified as a "potentially lethal blow to Obamacare" a federal appeals court has ruled that the federal government may not subsidize health insurance plans bought by people in states that decided not to set up their own marketplaces under Obamacare. The law clearly says that states are to set up the exchanges. But 34 states opted not to, and the federal government took over in those states. The court ruled that federal government may not pay subsidies for insurance plans in those states.
As the Hill reports further, the D.C. Circuit Court of Appeals said the Affordable Care Act does not permit the IRS to distribute premium subsidies in the federal ObamaCare exchange, meaning those consumers must bear the full cost of their insurance.
But... they said socialism is for the greater good!?
The 2-1 decision by the three-judge panel in Halbig v. Burwell sets up a major legal showdown that conservatives believe could deal a fatal blow to President Obama’s healthcare law.
And here is where the government's appeal process is sure to benefit from the NSA's treasure trove of dirt on all those judges who dared to throw a spike in the suboptimally greased wheels of government wealth redistribution:
The government is expected to appeal the ruling to the full D.C. Circuit, but even if the administration triumphs there, the case appears destined for the Supreme Court.
The appeals court’s decision tossed out the ObamaCare subsidies on the grounds that the statutory language of the Affordable Care Act does not explicitly allow enrollees on the federal exchanges to receive premium tax credits.
"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," the court said.
Previous courts rejected that argument, saying Congress’s clear intent was to provide the subsidy help to everyone in the system.
And now, the time for a diversionary war has clearly come.
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Don't worry, Roberts will overturn it when it gets to the Supreme Court.
But for now, you may celebrate as if Obamacare was just killed.
OK!
OUCH!
Hmmm, will this help our hurt our consumer driven GDP?
pods
hahaha fuck you, imperialist kenyan.
The FSA would be pissed if they were smart enough to figure it out
Thankfully for them, there's HuffPo, et al.
Thing is, it will seriously cut into the time needed to start WWIII.
Written and passed by Deomcrat controlled Congress and signed by Democrat President. They had complete controll to write whatever law they wanted and turned the whole thing into a pay-off, special exemption via Presidential Super Pinky Promise joke of the legislative process.
Tis a sad day for the Motherland comrades.
When the ACA fails just wait for them to push through single payer fully socialized medicine. This act was created to fail to do just that.
How to build a New World Order => Help people over here, while you kill people over there, then switch and do the opposite until all rats have been trained to take what they get and fight when they are told to fight. Obamacare is just a
"bridge" to trhe future.
maybe they should have read the law before they passed the law....
“It is most likely that today’s split decision, which would take away premium subsidies for almost five million low- and moderate-income people, will never go into effect,” Ron Pollack, executive director of Families USA, said in a statement.
The administration is expected to appeal the panel’s decision to the full 11-member appeals court. In the last year, Obama has added four judges to the D.C. Circuit court, giving Democratic appointees a majority for the first time since the mid-1980s.
Repeal it all. No one ever says anything about how the introduction of Medicare and Medicaid was the launching point for stratospheric medical costs. 50 years ago, when I was a teenager, you could go to your doctor for $5 or $10 or he would come to you. Enter Medicare/Medicaid.....how much for those visits now? And a major surgery can set you back a half million dollars. It's a baked potato for the insurance companies and politicians.
Naw, just the fix is always in somewhere in this bullshit country...
As we history fans know, the only thing that stops it all is internal, Soviet/Roman (insert empire) style, collapse.
When we reach that point of maximum citizen indifference....
NuckinFuts above is correct. Same thing I thought of immediately and was going to post until I saw his post. They knew this thing was going to be a disaster from the start. It was DESIGNED to be a disaster so that they could ultimately push us right into a single-payer system. That's what they wanted all along, but knew they could never get there until they destroyed the current system first and suplanted it with this fucking nightmare. Then everyone will scream for another solution which this treasonous government full of Fascist Marxists already has ready to go: single-payer, full government death care.
WHAT ABOUT MY FREE SHIT???
Don't worry. All the liberal f'tards will get their free shit as soon as the NSA continues their blackmailing of Benedict Roberts just as they did with the first ruling.
Read the whole appeals response.
[Translation] "Yeah well, it's illegal but we're not going to shut it down and the Feds still have to provide subsidies".
Bunch of noise. Business as usual.
Just like Mental Health Parity and Addiction Equity Act (MHPAEA)), aka TARP, had little to nothing to do with mental health care -- ACA had little to nothing to do with affordable healthcare. It was a usurpation by the executive branch to seize congressional powers and give Obammy absolute power. And We the Sheeple allowed it to happen. Welcome to the Republic of Progressive Fascists.
I agree...only I would add the word "Banana" in your last sentence. haha ;-)
And..."It's gone"
http://finance.yahoo.com/news/u-courts-split-obamacare-aid-162454492.html
WTF. What a zoo.
just curious as to whether that was Bush's plan when he decided he'd cover all prescriptions in his care package?
Everyone, you must go see "There's No Place Like Utopia" by Joel Gilbert. It shines a brilliant spotlight on the progressive/socialist/communist cockroaches trying to hide in the shadows.
Well Bush's handlers wanted more power.
Bush probably just likes Donut Holes.
pods
Americans still have a spine when it's absolutely necessary. I don't see them laying down for single payer after increased govt. involvement has so recently been disastrous.
Medicare made a lot of physicians rich.
.
I don't see it as that simple. Enter the parasitic insurance industry, trial lawyers, diktats on one size fits all death by injection & you've got the perfect formula for the spice defying gravity.
I too remember when getting sick did not bankrupt you for either the visit or the meds.
Greed gone viral.
But its soooo long, and we have parties to go to!
"maybe they should have read the law before they passed the law...."
But how else would they have found out what's in it without passing it first?
/Pelosi
Next you are going to tell me Pelosi cares???
Of course Pelosi cares. Who's goiing to pay for her botox now?
She's exempt from the ACA. It's in the bill she didn't want anybody to read.
OT but if you really want to vomit, check this out:
http://www.breitbart.com/Breitbart-TV/2014/07/22/Pelosi-Border-Childern-...
WARNING: Don't have a full stomach, be eating, or holding any sort of weapon while watching this.
..impossible, they would still be reading.. besides it keeps changing. Botoxnancy wasn't lying for the first time in her career and we just laughed at her.
Looks like ObamaCare was another bridge to nowhere..
If you like your healthcare law, you can keep your healthcare law.
Kinda like that "Bridge to Nowhere" in Alaska, eh?
whoa.. guess I should read through eh?
sorry about rolling my wheelchair across your toes.
ObamaCare delendum est.
Even more so for any socialized medicine they may pass in the future.
I would say the Republicans are cowards but they are in bed with the evil Democrats.
LMAO the FSA are now going to get a bill for their free shit.
Outstanding LOL
I can hear the whining already
Well, you'd think the FSA would have figured it out by now since Obama failed to pay for their mortgages, utilities, and car notes.
Many of them also suffer from ADD, so they soon forget what they asked for or were promised. But they know voting Dem makes them feel happy all over.
I think he is. I see his people with new cars, free food, free phones, free medical, welfare, new houses and the list goes on. I am sure they get credit cards and the debt gets written off. I have seen entire neighborhoods rebuilt with new houses and they are nice houses with property.
I go in the eye doctor and I was the only one paying. Blacks and hispanics were getting everything free. No cheap glasses for them either.
There would be riots in the streets of Detroit…if anyone were there to riot. Unfortunately, they all moved to places like Houston, Dallas, etc where the FSA still thrives.
Detroit has run out of somebody else's money.
Not if they keep convincing everyone to give up what they were promised.
Executive Order fix on the way.
The State: Ideas so great, they have to be mandatory.
Gee, if this thing gets killed, the biggest accomplishment of his entire presidency will be...allowing gays to serve openly in the military? Better than a bunch of blank pages, but just barely.
He's also working hard on amnesty for illegal aliens -- which also has special personal meaning for him.
presented with no comment
https://www.youtube.com/watch?v=Gbp_JQ7RxqM
Never gets old.
New emergency surgery funding available under the ACA...
https://www.youtube.com/watch?v=-H-cWXr-n5I
I expected 'And...it's gone'
What does this mean for my scooter? I am 450 pounds and have not seen my feet in 14 years, so how the fuck am I supposed to get around Walmart or Mc Donalds?
No worries Eire!
After TSHTF those big feet will make for good eatin...for the FSA!
Ha!
You can still get your scooter under an SSI Disability claim. When somebody stops paying your insurance policy for you, SSI Disability is the usual alternative. You better get down the SS office quick, though. I heard the line is building fast with people whose Obamacare policy is no longer being paid-up out of Obama's stash.
If you like your scooter, you can keep your scooter!
I use mine only for fun. Despite a mild ambulatory impediment and morbid obesity I enjoy full mobility.
https://www.youtube.com/watch?v=WYquhOoAPr0
Get the one where you can dance. That one rocks.
pods
Time to start walking. You have to stand first.
http://media-cache-ec0.pinimg.com/736x/2b/dc/d3/2bdcd39dc3705a251a402a42...
You need to move your corpulent buttocks to an O-care state and score that subsidy you so rightly deserve as a valued member of the proletariat.
Self segregation prior to the Secession.
I have a mail order degree in hypnosis and I can perform phantom lap band surgery on you for a small fee. If that fails I will make you think everything tastes EXACTLY like dog shit. Keep your rascal. When you peel off the pounds your top speed will increase.
On edit - +1 for the use of corpulent L O L.
Bet you haven't seen other parts, too.
Get David Koch to fly you around in their helicopter. They can write it off as a tax expense after embellishing the expense 10x fold.
Good idea take the money they gave the United negro college fund and buy another helicopter, capitol idea!! Wait then their raciss but their already raciss... Leftism is confusing..
Oh the suspense!
"Because we conclude that the ACA unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges 'established by the State'. . .
According to Obama, he is the State. Courts, bow down to your leader.
He may even use a justification that was not argued by either party to boot!
Amerika is a corrupt joke now. It's over. They are trying to throw the serfs a bone. F them. Roll gullotines.
I used to spend a little time at Free Republic but it is filled with fundamental Christians who think Israel is more important than America. F***ing reatrds.
Whatever mechanism there is that prohibits the purchase of insurance across state lines will soon be eliminated by an Executive Order.
The always pull out ye old handy dandy commerce clause in cases involving state lines. Now Virginina just ruled that people can be subsidised on state exchanges too. From the state of Oklahoma to Virginia, this is not your state or your exchange not your jurisdiction so get lost.
I'm beginning to wonder if the NSA probably intercepted or recovered from his effects some gay child porn or something super damaging on him, and used a potential "Roberts epiphany" on ObamaCare as a negotiating chip with the HNIC to get the big data center in Utah as a quid pro quo.
Information IS power.
To this day I am still ASTOUNDED at how credulous, naive, and stupid people are as to the dangers of mass surveillance, especially when I hear this: "Well, if you have nothing to hide...."
OF COURSE I HAVE SOMETHING TO HIDE. Who walking this God-given earth has been so pure as the driven snow that they have absolutely NOTHING to hide, absolutely nothing in their closet or present life that either could be used against them, or worse, and more likely, used in a damaging way to insinuate a conclusion that bears little resemblance to reality, but could destory you, even given that the people on the intercepting end are well meaning , and that's a stretch as it is???
I live in a nation of idiots. I swear.
Obama and Reid said they would look for alternative ways to continue helping millions of Americans. Obama said he has a pen and phone, and this is an easy fix.
They'll introduce, the "Say No To Racism and Say Yes To Medical Coverage for All Act of 2014"
The FDA has just delisted Hopium as a schedule one narcotic. You can now get it freely on television, the internet, or your latest inner-city social activist without fear of harrassment.
It also comes in a time-released formula, called OxyMoron. Like oxycontin, it's slow time release formula should not be tampered with as it contains a high dose of hopium, which could, when taken all at once cause the subject to cravenly seek more free shit after each dosage.
Taking OxyMoron with Greedquil™ is contra-indicated!
Hilarious
After most victims lose the subsidy, maybe the ACA (Affordable Care Act) will be renamed the Unaffordable Crap Act, which is what it really is.
self pay
I just see it as a blow to the American People. Do we really think this will cause the Cocksuckers Up In Yankton to repeal the ACA. This ACA was NEVER about health care, Just anonher DC Ponzi to screw the people FFS
For some reason this whole debacle reminds Mongo of the lyrics to stained class.....Judas Priest!
The Obama Doctrine: Every thing he and his adminstration does turns to toxic shit.
Because Obama
IS toxic shit!
Stupid is as stupid does.
You know what's eerie to me....all of George W ("the dubya strands fer dumshit") Numbnuts bullshit started to unravel at about the same time at about the same speed....
Man, them TBTB gotta WICKED sense of humor
And why are health insurers rising on this news? No subsidies mean the customers go away and they don't get paid for the first half of 2014.
Thinking seriously hard about shorting the whole health care complex.
Remember, they are the next TBTF "industry."
As for Tyler's idea that it's back to square one? There is NO BACK.
In the square one days, millions more people still had health insurance, and the insurers knew where they stood in relation to the law and the market.
Today?????... Not so much.
At least for the first few years, if they misprice risk, they still win... so who cares?
Yep. This is a KEY point. If this decision isn't overturned by the full Court of Appeals or the Supreme Court, there will be financial hardships and bankruptcies for insureds who were counting on the subsidies, and financial hardship for the insurers, who won't get the premiums.
This being said, I fully expect this decision will be overturned - mind you, not because it will be legally correct, but because of politics.
The fact that the language slipped by the eyes of hundreds of elected officials, bureaucrats and government lawyers -- demonstrates the level of incompetence of these people, and the bloated system.
Note: I DO have to believe at least someone recognized the language error, but was ignored by less intelligent supervisors, etc. I am convinced most people (80%) in government, elected or not, are not very intelligent.
“True terror is to wake up one morning and discover that your high school class is running the country.”
-- Kurt Vonnegut
Up arrow for the Vonnegut quote.
Oh looky here Robert's gets a mulligan? Hehehehe
He's a statist. He worships at the shrine of government too. Don't expect a change.
He'll take the drop and still shank it back in the water. Just you watch.
Nice easy wedge.
<Chili dip> Bloop. Back in the hazard.
pods
Aaaaaannnnnd down goes Obamacare! Down goes Obamacare...
Obummercare may die, but the 100% increase in most people's premiums is here to stay. Bank on it.
stay? try increase.
It's not an issue so long as there isn't a government mandate to have insurance (obamacare)... I promise that you can find a medical professional that will accept cash for his services at a fraction of the asking price. Now, if you're a high volume provider in a really expensive building/complex, then you can kiss your ass goodbye unless you make most of your money through charitable donations and/or have a huge endowment.
Just say, "No thanks".
Repeal it.
but holder runs the DOJ so this will get ignored too
what a total fkg mess - Barry, holder, pelosi, reed - you're a bunch of fkg nazi animals
Vote out EVERY congressional incumbent.
Vote no Incumbent
Vote no Republican
Vote no Democrat
When no other choice, write in.
On behalf of the Nazi's union, I take offense being compared with Obomba, CockHolder, Piglosi, or Screid in the same sentence.
I give them an "A" for effort but this clusterfuck will never accomplish what it was allegedly going to provide--healthcare for all. A noble idea it simply is unsolvable.
Especially if you import tens of millions of 3rd worlders every year.
You get no credit for "Try" except in lieberal, leftist schools; credit redounds to only to those who "DO".
They thought they could rewrite the law through regulations. Narcissists that they are, it never occurred to them, in a 2500 page behemoth, that specificity would bite them on the ass.
In another couple years, it will probably be known as 'HillaryCare'.
Whatever....stupid ex-attorney politicians thinking not only that they know the law, but are also above it.
Which was just a dusted off copy of NixonCare (which was likely a repackaged JohnsonCare...).
They're not ex attorneys... they're assholes that bumped elbows with people in law school and never actually practiced... all hat, no cattle.
The Supreme Court will have some fun with this...
The rules of construction are pretty simple... one would think it was an incredibly easy decision for a trial court...
As long as courts are willing to actually follow the law, most of their decisions are incredibly simple. Most of the destruction of our legal system comes from a result oriented judiciary.
The language of the statute is not ambiguous so the courts can't impose their partisan interpretations on it.
It's not what you meant, it's what you said.
Then you voted on it.
If you had meant something else, you should have drafted the law accordingly.
Any judge who would rule otherwise is patheticly partisan.
This is first year law school stuff.
I gotta check if Arizona is one of the states. If so, my rate will triple.
Here is a link to state exchanges:
http://obamacarefacts.com/state-health-insurance-exchange.php
Bummer.
Pay your own freight, oh noes.. Allow a free market in medical care ala Oklahoma surgery centers and let the free market fix it, Government out of healthcare!
http://www.surgerycenterok.com/
consider this fixed as all Gov. agencies "know where these judges live" & ovomit has given the word long ago to "make things right"!!!!!
Good thing I never took my insurance out of my website cart !!!
This law seems to be passing through the Judicial alimentary canal.
Does this mean we can read it now?
It's going through a temporary brown out. Once done you can finger paint with it on any clean white wall.
This sets the basis to strong arm the states that didn't set up exchanges.
Fuck you Congress. Impeach or hang.
That or they actively try to do everything in their power to circumvent obamacare at their border... most are already hopelessly dependent upon federal largesse though, so it's likely going to be down to a lonely voice at best.
This is only a smokescreen before the next election. It willl then be appealed to another Obama friendly court and the "ruling" will be overturned. This is part of their grand plan so they can blame the Republicans for taking away the great big gift the Democrats gave America for free.
Hang Congress period. The Republican led House FUNDED IT.
They will NOT IMPEACH. Do not fool yourself. They wanted this as much as the Chief Cocksucker.
THERE ARE NO POLITICAL SOLUTIONS.
Don't you get that...yet???
unfortunately there are just too many simpletons who have to be red or blue when neither is a solution.
Yes Tom, I get it. The verb tense of "hang" in "Impeach Obama or hang" is first person singular imperative. As in "Impeach Obama or every congresswhore will be hanged."
Didn't think I needed to spell it out. But then, communication isn't my strength. Execution is. Git'er done, bitchez.
.gov could strongarm states by threatening to hold up other federal funds.
Set up the exchange or we'll cut your Medicaid funding!
OK sheep....over here, We have @ single payer system, all set-up and glitch free, ready to go !!!
We are from the government and We are here to help you
Hey now! Don't get too far ahead of the script!
200/120mm Hg
{Sorry, I thought this was today's caption contest}
oh right ...Nurse said sorry...you're still black
Not really.
You are sadly mistaken.
It is 0 mm/0 mm.
That is a ZOMBIE...the Walking Dead.
Negro Care!! That is what it should be called!!
And I think the insurance companies had to the end of June to reset their.rates...now they are going to be way off....oh boy next year look foe 50% increases...and more people without insurance...like the millions of new illegals in the country by then....all a drain on the coffers...we are so much in deep doodoo
Cloward-Piven has never been so obvious. The mother effer is taking us down - as planned.
Damn Racist Courts LOL
I believe Obama wanted to control our lives through healthcare just like any good Marxist would.
But I also believe the insurance/pharma lobby who wrote this bill will profit greatly from it and blame it on the Marxist in chief. Quite clever. Insurance/pharma lobby, "Oh no! Since the law (which we wrote) says we have to provide you coverage for A, B, C, and D, we unfortunately have to increase your premiums." Citizen: "But, I'll still never need A, B, C, and D so I'll be paying an increase for something I'll never use." Insurance/pharma lobby: "Yes, that is unfortunate, and when we deposit that extra money from you into our system, we'll try to feel feel bad about it as best we can."
Thoughts?
I know that smaller insurance companies hate this law. As always, it's the connected folks at the top who wrote this bill who will benefit the most.
Large crony capitalist firms are happy to work with Marxist governments. Same animal, different stripes. The perks of centralized power.
"Four legs good, two legs bad"
"Some animals are more equal than others"
When will more people see that this guy is not out to help anyone except his cronies?
What if you've got two legs and a nice sized kickstand?
Does that raise you up the Marxist ladder?
It should be pretty obvious that these guys are all peckerless.
Don't get up your hopes. This will be reheard by the full circuit. The full DC Appeals Circuit was packed by Harry Reid when he eliminated the filibuster for appointees. The full DC Circuit are a majority of Obama's freshly appointed running dogs.
Best news of the year.
Hopefully it is the beginning of the end for that crony-cockroach infested legislation and it's Obummer regime excrement odor band-aids.
:-)
It'll go to "Supreme" Court and they'll threaten Roberts again for a 5-4 ruling to overturn this ruling.