Read the Beforeitsnews.com story here. Advertise at Before It's News here.

By Cleveland Tea Party Patriots (Reporter)
Contributor profile | More stories

Story Views
Now:
Last hour:
Last 24 hours:
Total:

Federal appeals court panel deals major blow to the ACA (Obamacare)

Tuesday, July 22, 2014 9:33

% of readers think this story is Fact. Add your two cents.

Art credit: insureblog.blogspot.com

From Cleveland.com:

Taxpayer subsidies of the Affordable Care Act in many states, including Ohio, could be in jeopardy because of a federal appeals court decision this morning.

The case, Halbig v. Sebelius, did not specifically involve Ohio, although the legal scholarship of a particular Ohioan, Case Western Reserve University law professor Jonathan Adler, provided the basis for the argument against providing the subsidies.

In a nutshell, the U.S Circuit Court of Appeals for the District of Columbia ruled that when Congress wrote the Affordable Care Act, or ACA, it specifically said that federal taxpayer subsidies should help offset the costs for people buying health coverage in new, state-based marketplaces.

But a number of states, including Ohio, declined to set up their own marketplaces, or “exchanges,” in the ACA’s parlance. Instead, they piggybacked on the federal exchange, although each state offered policies specific to insurers and medical providers in the state.

The problem with this, as Adler first found while doing academic research, is that Congress specifically called for subsidies in state exchanges. While the federal exchange offered a fallback in states that would not set up their own, state-specific exchanges – many in states with Republican governors – that did not automatically transfer the right to give subsidies in federal-exchange states. Adler wrote this first in a scholarly paper after reviewing the law, and his analysis soon made the rounds in conservative and libertarian circles and became championed as a legal theory for challenging the ACA.

More than 80 percent of policy buyers on ACA exchanges have relied on subsidies. Three dozen states are using the federal exchange. So in those states, a court agreeing with Adler and other conservative legal authorities could shoot a substantial hole in the underpinnings of the ACA – namely, insurance coverage made affordable through federal subsidies.

In a 2-1 ruling today in Washington, D.C., a federal appeals court did just that. The court ruled that language in the ACA “unambiguously restricts” the taxpayer subsidies to exchanges “established by the state.”

President Barack Obama’s administration argued that Congress intended for subsidies to be offered in every state, and that the ACA established complete equivalence.

But the appeals court said that the wording in the ACA “plainly distinguishes exchanges established by states from those established by the federal government.”

The ruling was 2-1, and parties in the case may ask the full court for an opinion. Some analysts believe the full court may be more friendly to the Obama administration. If not, the Obama administration could appeal to the U.S. Supreme Court, although that would come with risk.

———————-

More from The Washington Post is here.

And Jonathan Adler’s report in the WaPo is here.

# # #

Source: http://clevelandteapartypatriots.blogspot.com/2014/07/federal-appeals-court-panel-deals-major.html

Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!

Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST

Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST

Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)

Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!

Nascent Iodine - Promotes detoxification, mental focus and thyroid health.

Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).

Comments

Online:
Visits:	1,599,581,491
Stories:	8,139,559