sundance:
WASHINGTON – A federal appeals court dealt a major blow to ObamaCare on Tuesday, ruling against the legality of some subsidies issued to people through the Affordable Care Act exchanges.
The ruling is likely to be appealed. And a separate federal appeals court — the Fourth Circuit Court of Appeals — hours later issued its own ruling on a similar case that upheld the subsidies in their entirety.
But the decision Tuesday morning by a three-judge panel of the U.S. Court of Appeals for the District of Columbia nevertheless strikes at the foundation of the law by challenging subsidies that millions of people obtained through the federally run exchange known asHealthCare.gov.
The panel of the U.S. Court of Appeals for the District of Columbia ruled 2-1 that the IRS went too far in extending subsidies to those who buy insurance through that website.
The suit maintained that the language in ObamaCare actually restricts subsidies to state-run exchanges — of which there are only 14 — and does not authorize them to be given in the 36 states that use the federally run system.
The court agreed.
“We reach this conclusion, frankly, with reluctance. At least until states that wish to can set up Exchanges, our ruling will likely have significant consequences both for the millions of individuals receiving tax credits through federal Exchanges and for health insurance markets more broadly,” the ruling stated.
The case, Halbig v. Burwell, is one of the first major legal challenges that cuts to the heart of the Affordable Care Act by going after the legality of massive federal subsidies and those who benefit from them.
The decision said the law “unambiguously restricts” the subsidies to insurance bought on state-run exchanges.
The losers….Obama and Reid and Pelosi and the IRS can and will demand a polling of ALL the justices on this circuit.
Only if they lose again will they be able to take it to SCOTUS.
Which DOJ has already said they will do, demanding an en banc ruling by the entire DC circuit court, which is packed with leftist Obama judges.
if OBAMA LIKE HE SAID WILL DISREGARD THE DECISION OF THE COURT,
it give a bad example to the youth, those who usualy get away from trouble because they are black,
IT GIVE THEM THE OKAY THAT THE PRESIDENT DISOBEY THE COURT,
SO THEY CAN,
HOW COME OBAMA DOESN’T THINK LIKE THAT?
Good to see that the governors have stepped up to plate to defend the Constitution. If wasn’t for their actions, this would have never been possible. Federalism at work. Unfortunately, SCOTUS’s decision allowing Obamacare to be constitutional in the first place doesn’t exactly leave a warm fuzzy as far as them upholding this court’s decision. We can only hope that SCOTUS will use the same standards they did in striking down O’s other abuses of power since changing the law, i.e. legislation, is a power granted to Congress and not the President.
Everything is going according to plan. The system is fixed.
http://www.nationaljournal.com/health-care/the-gao-launched-an-obamacare-sting-operation-and-almost-all-fake-insurance-applications-were-approved-20140723
IT look like the fall of the gimmicks they where so proud of saying
we have to vote the plan before we read it,
this is so ever slowly melting, into a poisonous drink the democrates all contributed to pass,
and trying to served to the CITIZENS,
good we have the smart CONSERVATIVES AND WORKING TOGETHER WITH THE REPUBLICANS,
AND TEA-PARTY, TO PREVENT THE PEOPLE FROM DRINKING THAT POISON ,