Tuesday, July 22

Federal court of appeals for D.C. says Obamacare violating the ACA on subsidies for all

Well today another court decision came down today saying Team Obama is breaking another law.  And this ruling came not from a lower court but from a 3-judge panel from the court of appeals for the D.C. circuit--which legal observers describe as "powerful."

Background:  THE big draw of Obamacare--as everyone knows--was and is the provision that gives users a juicy subsidy.  The subsidy is absolutely crucial--it's how Obie could claim everyone would save thousands a year on health insurance.

Problem was, the actual *language* of the law says--quite clearly and specifically--that these subsidies were only available to people who joined a *state* "health exchange."

But as state governors and legislators started seeing what a monster this was, they realized creating a viable health exchange would probably cost 'em $200 million or more.  Thus 36 states decided they'd pass on this expense, and said their peeps would use the federal "exchange."

See the problem yet?  If you do, you're smarter than most Democrats.  Cuz it got by all of 'em.

Oh wait, that's right:  Not a single member read the whole bill before voting on it.

Even Nancy Pelosi--who was then the fucking Speaker of the House, fer cryin' out loud--said "We have to pass the bill to find out what's in it."

But no problem, citizen:  According to the Emperor and all Dem leaders the actual language of a law doesn't mean squat, since the Emperor can change anything he disagrees with.  Cool!

So when people signed up for Obammycare, that astonishingly competent ACA website gave everyone who claimed low income those sweeet, sweeeet subsidies regardless of where they lived.

Um...oops.  That wasn't what the law clearly stated.

But still, no problem:  The Emperor can change the law to whatever he wanted all along.  Cuz he's soooo smart!  Mind as sharp as the front end of a baseball.

Sadly, two of the three judges on the court of appeals said even the Emperor's people had to do what the law said.  Hard to know where they got that idea, but there ya go.


Team Obama is already arguing that it was NOT the intent of congress that subsidies could only be paid to people who had joined a State exchange.  You'll be shocked to learn that this is unmitigated bullshit.  That provision was absolutely intentional: congress inserted it to give the states a strong incentive to set up their own health care exchanges.

This attempt to coerce or bribe states into setting up their own exchanges had the double-benefit of  absolving the federal government of blame for any screw-ups--which of course turned out to plague the ACA website.  So 36 states declined the invitation (or, if you like, the bribe).

When it became clear that over two-thirds of the states would not be setting up their own exchanges, the administration could have asked Congress to rewrite the statute.  But of course this would have required another legislative battle, as by then the GOP had won a majority in the House.

So what did the Obama administration do?  In an all too typical pattern, it chose to act lawlessly, ordering the payment of subsidies never authorized by Congress.  I guess they all believed their own propaganda, that language only means what they say it does.


But still, no problem:  Team Obama has announced it will appeal to the entire court.  Dem leaders and "progressive" (i.e. socialist) strategists are confident they'll win there, since 7 of the 11 judges on the whole court were appointed by Democrats, and thus can be expected to put party over the law.

Even more telling:  Normally when a party to a case loses a decision in a high court, they stop doing the offending act until the next appeal is decided, since there's no guarantee the next appeal will support them.  But Obama's lawless Department of Injustice has already announced that the Obama administration will keep giving Obamacare subsidies to every low-income applicant, in violation of the clear language of the act--as well as today's opinion by the court.

Before the current administration this would have been a provocative and potentially impeachable act.  Today it's totally unsurprising.
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Oh, for those of you who think this is all just crazy tinfoil-hat talk:  Click here.  It's the HHS website for the ACA.  Then scroll down a page or so until you see
Certified Full-Text Version: Affordable Care Act (PDF – 4.27 MB)

Download--at a svelte 4.27 megabytes it shouldn't take too long.  On page 237 (of 2,409) you should see the heading "Premium tax credits and cost-sharing reductions."  Go to the next page at line 16, which should read "Premium assistance amount."  The bite is in lines 25-26.

Two thousand four-hundred and nine pages.  To essentially take over health insurance and compel all citizens to buy it.  What could possibly go wrong?

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