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

The Case that Could Crush Obamacare

As important as it was, the Hobby Lobby case was not really about Obamacare. It was about freedom of religion, freedom from control by the state, and abortion. The ruling made hardly a dent in Obamacare.

But there’s another little-known case that could virtually disembowel Obamacare, Halbig v Burwell. A ruling by a three-judge panel of the DC Circuit Court of Appeals is expected any day, and it might well go against the administration.

obama writes 2Don’t get your hopes up. The full court, which would probably rule next, is stacked 7-4 in favor of Democratically- appointed judges. Nevertheless, Obamacare defenders are taking the threat very seriously.

The issue involves the grave inconvenience, something this White House specializes in ignoring, and that is: the letter of the law.

The Affordable Care Act clearly states that subsidies to purchase insurance – Obamacare’s heart, which pumps money into the pockets of those who can’t afford insurance – are only allowed on state insurance exchanges. But many states refused to set up exchanges, and so coverage for millions is done through the federal exchange, which was never intended by the law to be a serious player and was not empowered to provide subsidies.

The Obama administration is arguing on the side of creativity and innovation, which I think are normally good things unless you’re talking about the rule of law and its underpinnings, statutes and the Constitution. But these are not serious matters for the Obama administration.

The administration says the rest of the law is structured in a way that shows Congress clearly intended subsidies to apply nationally, whether on state exchanges, federal exchanges, or stock exchanges. Two of three judges on the panel were appointed by Republican presidents, and they seemed skeptical during oral arguments in March.

“If the legislation is just stupid, I don’t see that it’s up to the court to save it,” said one of them.

I wouldn’t predict victory in this for Obamacare opponents, even if the panel goes their way. But then again, I wouldn’t have predicted that Justice Roberts would concoct a cockamamie excuse to save the statute almost exactly two years ago.

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10 Responses to The Case that Could Crush Obamacare

  1. Obamacare… it’s… I don’t know what. I think the president sees it as a warm and comfy sweater that will fit anyone, anywhere, and keep them all fuzzy and happy. For most of us, it’s an ill-fitting garment, with loose unruly threads hanging about all over the place, a garment that doesn’t really fit anyone, is full of holes, cost too much, and even though we hoped to be able to take it back to the store and return it, that appears to be impossible.

  2. Also–all those signups–their subsidies are wrong or not verifiable…this thing is self-destructing. Buty people are still sick or need ops. So now what?

  3. We all know Obama is herding the country into single payer. Just like our borders have no boundaries, neither does Obamacare. Everything he does turns into a pile of rubble.

  4. I think either way it’s going to the Supreme Court as it’s a state v federal rights thing.

    It seems sane for the judges to simply say, “The Congress needs to go back and fix this law.”
    However, the other side will agree is “millions of people have insurance because of this law and they shouldn’t have to be hurt because of their state gov’ts”

    I say that the DC court upholds the law.

  5. The Supreme Court will probably give this one to Obama. Thats how I feel about the Supreme Court, they don’t rule for the truth anymore, especially with those horrible murdering abortion-loving women in the Supreme Court. They rule for politics now not for fairness, not for the truth, they are very predictable now. They rule half for us and half for the commies, I don’t know how they sleep at night, There are some horrible people on the Supreme Court