As of now, I am in control here, in the White House

Court to Decide Whether Obama Can Write Own Laws

In one of the Obamacare rewrites that many are unaware of, but which is tremendously significant, the Obama administration decided to change the clear language of the law and rule that HHS could provide subsidies to those who signed up on the federal exchange. On Tuesday a three-judge panel of the D.C. Circuit Court of Appeals will hear a case challenging the rule, according to the Wall Street Journal.

You see, the writers of Obamacare realized that for sure everyone’s going to love this thing, and so they decided it would be fine to say that insurance premium subsidies will be available only to people who enroll “through an Exchange established by the State.” The states of course wouldn’t want to deny their citizens the pleasure, and so they’d set up exchanges.

Except, 34 states didn’t.

The Wall Street Journal picks up the narrative:

In 2012, HHS and the Internal Revenue Service arrogated to themselves the power to rewrite the law and published a regulation simply decreeing that subsidies would be available through the federal exchanges too.

The IRS devoted only a single paragraph to its deviation from the statute, even though the “established by a State” language appears nine times in the law’s text. The rule claims that an exchange established on behalf of a state is a “federally established state-established exchange,” as if HHS is the 51st state.

Wow. A federally established state-established exchange. Only really good, dutiful Soviets could come up with such a phrase.

But not to worry. The WSJ suggests that even if Obama loses in court, he will ignore the judiciary, just as he did the legislature. Why discriminate?

Fear of legal defeat also explains why the Administration is suddenly claiming that the appeals court lacks the jurisdiction to invalidate its interpretation of ObamaCare. Last week the Justice Department submitted a so-called 28(J) letter, declaring that because Halbig is not a class action, any adverse ruling only applies to the named plaintiffs.

In other words, even if the court finds that the Administration is acting illegally, it cannot strike down the IRS-HHS rule and the executive branch will continue to ignore both Congress’s law and the law of the courts. There are few if any precedents for such a remarkable argument.

Precedents? Who needs precedents when you’re someone who is as unprecedented as the sublime Obama.

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31 Responses to Court to Decide Whether Obama Can Write Own Laws

  1. He, and all of his associates, should simply be arrested and escorted out of the White House. His abuse of power is beyond the pale. Of course, that won’t happen, and he won’t be impeached thanks to the roadblocks set up by Dingy Harry and the Senate. So, where do we go from there?

    • I don’t know! I am so exhausted keeping up with This mess.
      Discussing the Huge Amount of things this Admin. is doing is so very difficult. It is none stop. Is there a unknown plan to keep the people that still think O is doing a dandy job, from being uneffected by his actions? I am stating that, because almost everyone has children, grandchildren that will be stuck with everything. Why do the people who still support him seem to be unafraid of their future. Do they get a pass? Than the people who disagreed with his actions get the %#@.

  2. It will go up to the Supremes where John Roberts will be the deciding vote in Obama’s favor. BTW, Obama likes those pesky appeals courts when they work in his favor.

  3. I’m doing my taxes and I am pissed off. At a time when medical costs and premiums are skyrocketing, the geniuses in the Obama Administration have increased the thresh-hold to 10% of Adjusted Gross Income from 7.5% just last year. The thresh-hold used to be 2.5% not long ago. Your out of pocket medical expenses and premiums now have to exceed 10% of your income to have any deduction. And they think the Tea Party is crazy!

    • You’re ticked ? We owe about 3k this year and found out it barely buys a minute of flying time on AF1. Probably why these useless trips they take put me in a bad mood :(

  4. After all this time, all of the hoopla pro or con, this law that the Dems have been working on for decades is a mish-mash of poorly written regulations and confusing or contradictory mandates.
    The arrogance of the Dems who wrote this monsterous law, passed it into being without a single Repub vote, but still assumed that everyone, every state government would jump into it is astounding.

    The Dems wrote “outs” for almost every regulation or mandate; carveouts for this group or that industry, rewrote sections to comply with certain federal laws already on the books, and now they want to change another of their own mandates to allow a handout for those insured in certain states that didn’t or couldn’t come up with a working website.
    This has to be the most terrible, incomprehensible, unworkable law ever passed in modern US history. Ever.

    • It should nit stand as law for the single reason…they gave op-outs and carve outs to their special constituents ….a LAW that only applies to some of the people some of the time…instead it is a law that is used to control and tax and redistribute income of this administrations opposition…..it is and was meant to be a law that legalizes thuggery and blackmail…while destroying the greatest healthcare system and transferring the healthcare and insurance industry and their profits to the state. Obamacare is a Trojan Horse to destroy freedom and to destroy America.

  5. Hasn’t Obama already stacked the DC Appellate Court with his radical leftist appointees?
    The latest DEM blather is that it’s going to take YEARS for this abomination to be fully implemented. How can it even exist if there aren’t enough ‘pigeons’ to buy into it?
    The fact of the matter is that OBAMA LIED!!! And he is STILL lying! His claim that premiums are cheaper than a cable or cell bill is outright lying. He is omitting the part about deductibles and co-pays.
    Impeach! I know, I know….it will never happen. Sigh.

    • The 2014 elections will determine whether Obama skates through the rest of his term, or writhes on the hook of a conservative congress.
      Personally,…I choose the latter.
      He will not be impeached, but we can make him suffer the consequences of misleading the American People.
      He is arrogant, and people like him are hurt more when the adoring crowds diminish and the media begins to mock him, as they are beginning to do now.

      As far as the judges are concerned, the Supreme Court terms should be 10 years, no more lifetime terms.

  6. “Precedents? Who needs precedents when you’re someone who is as unprecedented as the sublime Obama.

    Oops, Keith for a minute I thought you wrote ‘unprincipled as the ‘slime’…Obama. My bad.

  7. A DC Court of Appeals ruling against this Administration? Not a snowball’s chance….

    As long as Obama is President and Eric Holder is at Justice, the IRS is a political tool of the Executive, and the NSA is is not bound to its restrictions, we are a nation ruled by initimidation, not law.

    As for Obamacare — every single Democrat who voted for it should be sent home, without pension or benefits or healthcare.

    • Great idea!!! They are not doing their job correctly!
      I do not know who is buying them off. I am tired of the lobbyist.
      If they want money, from now on I want them to sell cookies or cubcakes outside, in public.
      They are only allowed a top figure, for instance no one is allowed to sell more than X amount of treats.
      If they are caught sucking up money behind clothes doors, they are punished just like a drug dealer on the street.
      As well before they change the facts in the History books, I think anyone running for office should at least make a B+.
      Alright, I know what everyone is thinking, this idea is a simple as the idea of hiring people to stand 20 feet apart to guard our border with a gun, broom, bat, etc. That idea I came up with to help the border guards, before O had another dandy (sarc) idea of cutting their jobs, pay. Thank you for this quick vent.

  8. ObamaCare Sales Pitch Turns into Threats:

    ObamaCare canvassers are now out knocking on doors to warn the uninsured about the OCare penalty tax. Something Obama refused to do over the past 4 years.
    Should be interesting to learn how many are not even aware of the hidden traps of OCare! They will not go gently into that good night.

    http://online.wsj.com/news/articles/SB10001424052702303725404579458942052043118?mod=djemMER_h&mg=reno64-wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB10001424052702303725404579458942052043118.html%3Fmod%3DdjemMER_h

  9. anybody who seriously thinks that “both parties are just the same” should remember that a 2012 Romney win would have invalidated Obamacare completely, and we wouldn’t be going through this.

    I hope everybody remembers that in November. I don’t care if you don’t want to “vote for the RINO”–if that’s who the GOP is running, vote for the darn RINO!

    the Democrats simply must be stopped. and we can’t do that if we’re fighting each other.

    • I have been forced to hold my nose before…and will do it again, if need be. I can’t understand how anyone could have stayed on the sidelines in 2012 – the most important election of our lifetime (outside of 2008)

      The GOP needs to hire a Presidential Candidate Search firm…we need new blood. We don;t even have a frontfunner! I know, it’s early. Sigh..