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Bombshell: Federal Judge Suddenly Green-Lights Lawsuit That Could Stop Obamacare In Its Tracks

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  • Small-business plaintiffs say the government is treating all 50 states the same even though Congress allowed them to opt out – and 36 did
  • The IRS is granting insurance subsidies to taxpayers in the ‘refusenik’ states, even though the text of the Obamacare law doesn’t allow it
  • A federal judge denied the government’s motion to dismiss the case on Tuesday
  • He also refused, however, to issue an injunction barring the Obama administration from implementing the law while the case moves forward

Daily Mail

By DAVID MARTOSKO, U.S. POLITICAL EDITOR

PUBLISHED: 14:27 EST, 22 October 2013 UPDATED: 15:05 EST, 22 October 2013

A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law.

The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court.

The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website.

Thirty-six states chose not to set up their exchanges, a move that effectively froze Washington, D.C. out of the authority to pay subsidies and other pot-sweeteners to convince citizens in those states to buy medical insurance.

But the IRS overstepped its authority by paying subsidies in those states anyway, say the businesses and their lawyers.

The subsidies serve as a trigger that determines who has to comply with the now-famous individual and employer mandates. So, the lawsuit claims, the Obama administration illegally enforced the Affordable Care Act – suddenly making millions of taxpayers and small employers subject to paying fines if they don’t play ball.

The Affordable Care Act authorizes subsidies only for policies purchased ‘through an Exchange established by the State.’ 

A different section of the law empowers the federal government to set up its own exchanges for each state that chose not establish one.

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    Total 30 comments
    • MG

      Are you nuts? Obamacare can suck it. We’re being attacked from the west, and you are trying to stop us from even getting the meds we’ll all need here soon. People don’t want you to have the pills, the food and the life you have. But they don’t understand this reality. They will just have to relive their msitakes over and over again. Because we started the loop and now were so far in, it’s not even real. We are all living in a dream world of sorts. And all our fears come true, and all our happiness? It’s gone. And with it so are we. Watch and learn how we’ve created this reality and understand it’s just a reflection, and we’re being scared because if we find out the truth, they loose control of this sim and we wake up to see them, or as I’d see it, I’d see me for the first time. You? or Ewe? the mind just can’t understand yet. Next time we got this right? not.

    • truthuncovered

      We had the best medical in the world. Then owebummer shows up.

      The only thing Owebummercare is doing, is making it possible for every INVADING MEXICAN’T now qualifies for FREE OR GROSSLY REDUCED BY TAX BREAKS. That means that every Natural United States Citizen will have to pay for the health care of over 150 Million INVADERS that are stealing your children’s future.

      That number does not include their many children or families brought over under owebummers “no family left behind” invasion of our borders. Nor does it include the “refugee” program that is an open door since owebummer declared that border town a war zone.

      A nation without borders is not a nation.

      • Ghost

        I live in Texas, am a white, older male… and your use of Mexican as a race or a culture to look down on is insulting!

        Texas was founded by many great statesmen that were of SPANISH descent.

        I am for closing the borders, due to terrorism, not Mexicans.

        Putting that aside..

        The US may have the best health care in the world..
        It certainly has the MOST EXPENSIVE! and all US citizens have been subsidizing LOW COST health care and medicines throughout the world. I for one am shocked that this fact is not more publicized… I can remember when Tagamet (sp?) was $80 a bottle in the US but only $8 in Mexico and Canada.. We here subsidized their low costs..

        The judge is still out on the Romulan Care Act, aka Obamacare, via the Heritage Foundation. I don’t think it will work as they hoped it would.

        But all this ObamaScare is ridiculous.

        The RIGHT has offered ZERO, NILL, NOTHING to address how the uninsured get access to the greatest health care system in the world. They offer no solution to insure preexisting illnesses for people that simply got their insurance cancelled due to being sick. They offer no solution for people that simply can’t afford health care or insurance either. They can only whine because Obama and the Democrats have attempted some cure to the problems.

        That’s what government is supposed to do… solve problems of a nation.

        But like I said I think the Romulan Care Act will fail due to its complicity.. and its that complicity that has really caused the IT nightmare for the websites.

        My far right wing extreme solution is to outlaw health care insurance for everyone! Watch how fast the cost of medicines, hospitals, doctors, DROP so that people can afford it.

        • frankenbiker

          Wrong, the right offered any number of plans that reformed INSURANCE, not the healthcare. Our insurance is what needed reform, not the quality and certainly not the quantity of healthcare. As for being the most expensive, you get what you pay for, you might want to remember that when you go to a doctor and he’s from a third world nation.
          Your also wrong about what the government is suppose to do, if you read the Constitution the only job the federal government is suppose to do is protect our borders, create/enforce laws and collect taxes, that’s it. It wasn’t until the progressives go a foot hold in government that we started to accumulate all our debt due to social issues and reforms.
          I do agree with your last sentence though, drop health care for everyone, let them get their own and watch how capitalism really works. Best idea I’ve heard yet.

        • RobiMac

          First, the problem of the invaders lies not with the invaders but, the government.

          Secondly, the problems and crisis created by government were not designed to be solved. When you think about it on those terms it tends to shed a whole new light on things.

        • Neanderthal

          Ghost, I do not participate in your society. So do what you want but Im still alive. lmfao

      • hangman

        While your remarks are partially correct, the inavading Mexicans are only part of the problem. There are the Invading Europeans, (mostly anglos), the Orientals, and the Arabs, A.K.A. other. The worst are the invading Muslims that Obama has excempted from Obamacare’s terrible faults, but treat them as if the were anything but ‘UNDESIRABLES’. Why would a segment of terrorist groups be granted special treatment? Just because the traiter in office is one of them? All illegals should be ousted, because by comming in illegally, they became criminals. Simple as that. And no criminal should be given healthcare, unless they are serving time.

      • Canadianlady

        And, you’ll be waiting a lot longer to access healthcare when illegals stand in the queue ahead of you.

    • truthuncovered

      Did you know that after federal tx, state tax, sales tax both before manufacture and at the counter, licensing tax and mandated “ensurance” insurance programs , Housing tax, transportation taxes before and after manufacture, we the people of the Untied States are paying well over 50% of our life’s earning just in taxes supporting others………………………….

      • Ghost

        Now this one I agree with 100%

        They keep saying we pay the least taxes of all the other nations of earth..

        Yet they keep overlooking that we not only pay federal taxes
        but federal fees
        State Taxes
        County Taxes
        City Taxes
        School Taxes
        Bridge Taxes
        Jr. College Taxes
        County Hospital Taxes
        Emergency Fire District Taxes
        along with many thousands of ‘fees’

    • TOOTHII

      One of two things will probably happen: Either the judge will be smacked down by a higher up political(Democrat) appointee judge or the judge will end up dead in a ditch somewhere’s.

    • James B.

      I used to wonder when I met someone that was socially r+tarded how they managed in life. Seeing them reject a good idea because of some details that could be ironed out. Rejecting something that had the potential to benefit them and their family’s. Now I see that these people aren’t nearly as rare as I thought in fact the lower echelon’s of the republican party are composed entirely of these people. People who vote, act and speak out of ignorance, constantly shooting themselves in the foot by endorsing and supporting legislation and change that is proposed by the wealthiest 5% of America and benefits only that 5% to the detriment of the other 95% whether they are Democrats or Republicans.

      • popeter

        Get your facts straight. Republicans are far more educated than Democrats. They have the money to send their children to private schools, where they are TAUGHT rather than indoctrinated by the federal government. Conservatives like parochial and private school because they know their children will receive a better education. Not ALL of them do this, but do the math… far more of them do this than do Democrats. One reason we are in such a mess now is because liberals are in office. They were not taught critical thinking skills, basic accounting, how to run a business, economics, nor any of the critical skills needed to run a household successfully, let alone a nation.

        This is not just wishful thinking… do your own research and you’ll see which groups are more educated.

    • socrates

      Shadenfreude Muslama!

    • newchairco

      The Healthcare in this country is stupid and we do need some kind of overhaul. It needs to be worked on I agree.
      But what most of you dont see coming is that most of you complaining about it will pay more and more of your own insurance and then you will be complaining about that. Its coming.
      So yes we need to change something because what we have sucks. If obamacare starts something GREAT. It needs to be changed.
      If the republicans can fix it GREAT then fix it . But I can not stand the grandstanding without an answer to the problem. Im a registered republican Im afraid to admit. My wife and I pay 1700.00 a month for insurance Iv very rarly used. It covers everything I dont need. And they fight me about every hospital bill. And some of you dope’s dont think there’s a problem. yeh cause someone else is paying your bill .At least for now. But be sure It will end.

      • popeter

        The reason health care costs are so high is because Big Pharma and the AMA have a stranglehold on the health industry. This is also the reason you can get drugs in Mexico and in Canada much cheaper than in the US. Go after the REAL culprits and you’ll see there will be no need for ObamaScare. The power that Big Pharma and other giants have over the health care industry is outrageous. I say march on Big Pharma and put them in their place.

      • Anonymous

        You pay $1700 as month for health insurance? You do realize that you could buy a farm outside of town and have someone live there, and grow you organic food, and raise all natural meats and such? Heck, that much money could have good food delivered to your house, without owning your own farm. A really big farm that makes a profit! You are a fool. The best cure is prevention man. You need to prevent yourself from making decisions with your money. Find someone smarter than you, and just hand your whole paycheck to them. :lol:

      • really

        “My wife and I pay 1700.00 a month for insurance Iv very rarly used”
        Why?
        The criminal insurance cartel loves people like you.

    • Wonkadelica

      Too bad there is no crop insurance for all you rumor farners, eh? How come no one predicted this major drought for all your predictions? :lol: :lol: :lol:

    • robert freedom/roberttheracer

      the people can fight back see U.S.Code title 42 section 1983 and commieblaster.com and uhuh.net

      • popeter

        I wonder how many sheeple actually went to the websites you offered? Think this is a nation of sheepl;e? Well, now you know. They don’t WANT to know how to fight back… they only want to complain. I’ll bet not a one has been curious enough to take you up on your offer of fighting back through U.S Code title 42 section 1983… or to even go to the websites.

      • popeter

        By the way, uhuh.net is not operational (or at least I could not get it to come up), but commieblaster.com is working and helpful.

    • Sailor72

      Obamacare is not about healthcare. It’s about control. It’s akin to the biblical “mark of the beast”.And no,I’m a Christian but I’m not a religious zealot.This is not socialism,this is pure communism. I wouldn’t go anywhere near that website.

      • Ghost

        It’s not a mark of the beast…

        However, IN the future, it could be, but so could social security, or citizenship ID, driver’s license, and a multitude of technologies available for it… Being limited to health insurance would not qualify it as the ‘Mark’.. The IRS would more likely fit the bill with very few changes.. but my guess it will be a bank card or bank mark of some sort. A currencyless economy.. that’s what defines the mark.

        It’s not communism… for many insurance companies are going to rake in the cash with it.

        You want to see communism… go look at the local jack booted gangs running loose in every city in the US…. aka police departments.

    • 7

      It seems – BOMBSHELLS ARE PREVALENT ON THE BOARDS TODAY !

      If you need a break, everyone is welcome to visit – http://thetreasureofzion.com

    • Leo

      NO Federal Judge will stop Obamacare, Federal judges have endeavored to stop this Healthcare legislation before it was implemented . Even now after the fact that this healthcare legislation now law which is debatable as well . how many times did federal judges rule against Obamacare ? more than a few times but it did not stop this train wreck now placed on the backs of the American people . Green lighting a law suit against law dose not mean anything at the moment Although I wish them the best of luck .

    • Andy

      The Obama Regime and his Communist/Democrat Party have exempted themselves so his ideas can’t be very good at all or he would JUMP at this wonderful Democrat opportunity for himself and most of all is family!

      As for the judge he will either be smacked down or murdered akin to Obama’s white grandmother who basically committed suicide when she stated. “I went to Kenyan for his birthing! DEAD auto-magically within a week from a 100% predictible heart-attack!

      Then Obama briefly pretends to cry, how touching.

      Like the Clinton’s death scrolls and those victims were friends of the Clintons imgine if they were their enemies.

      One must wonder how soon this Federal Judge will either die or magically come down with something like Parkinsons or Amyotrophic lateral sclerosis (ALS), often referred to as Lou Gehrig’s Disease. Comunists/Democart Party is not to be trusted and they are evil.

    • lottopol

      If the court rules that those in the 36 states cannot receive federal subsidies it will be the greatest possible gift to Obama and the Democrats. Obama would give the Republicans in Congress once chance to pass a clean bill allowing subsidies in those states. If they do not the situation would be that taxpayers in Texas and all the red states that did not set up the state exchanges would have to pay taxes that went to subsidize those in the 16 states like NY and California that set up the exchanges. A typical single young person in NY making $20,000 would be paying $40 per month, after subsidies while the same person in Texas would pay $300 per month.

      “..Focusing attention on the insurance companies, which are simply intermediaries between the doctors and the patients, was a tragic error. It would like trying to solve a problem of high energy prices by focusing on gasoline stations. Only if the government sets prices can health care prices be controlled. Controlling prices does not automatically result in longer waiting times. Japan and Switzerland generally have shorter waiting times to see doctors than does the USA. Additionally, if prices were controlled there would be no such thing as “in-network” or “out-of-network” since all doctors would accept all insurance plans.

      Price inelasticity in medical care stems not from the physical nature of its delivery as is the case of retail electricity. Rather, it is the dynamics of how medical care is delivered via the patient –doctor relationship. How many people have ever negotiated with a doctor over the price before undergoing necessary treatment? Have you ever met anyone who got up off an examination table and walked out because the doctor quoted too high a price? In theory, sick people could shop for the lowest price, but they don’t. An individual gasoline station faces elastic demand. People must buy gasoline, but if one station raises its price enough, customers will go elsewhere. When an individual doctor increases fees, most customers don’t go elsewhere. Thus, fees will continue to rise until prices reach the elastic portion of the demand curve.

      In the USA we have attempted to deal with the combination of inelastic demand and unregulated medical care prices in various ways. One method of keeping medical care expense as a percent of GDP to “only” double that of other developed countries was to have a significant portion of the population uninsured and denied medic care in some circumstances. Obamacare will reduce the number of uninsured and untreated. However admirable this may be from a humanitarian perspective, absent price controls, it will exacerbate the cost problem. The existence of large numbers of uninsured (conscripts in the war against rising medical costs) did moderate the growth in health care costs. Now the number of uninsured and untreated will be declining and uncontrolled prices will be rising…”
      http://seekingalpha.com/article/1647632

    • popeter

      Don’t believe it. This is a trick. “He also refused, however, to issue an injunction barring the Obama administration from implementing the law while the case moves forward.”

      In the end, they will say “because the law is already implemented,” (which it WILL be before this case is heard) “there is nothing we can do at this point.”

      As the famous phrase went, “you have to pass the bill in order to see what’s in it.” So now it has been passed (under the communist infiltrator, Roberts) and it will be implemented just prior to the federal judge making a ruling on this particular case.

      People, stop being so naïve… Baaaa, baaaaa.

    • Jarhead1927

      KILL OBAMAcare !

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