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Thread: Fed appeals court panel says most Obamacare subsidies illegal

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    Senior Member schusker's Avatar
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    Default Fed appeals court panel says most Obamacare subsidies illegal

    http://www.cnbc.com/id/101819065

    Just think of all the money that would have been saved if the democrats would have read this law instead of blindly following their leader.
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    Senior Member swampcollielover's Avatar
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    Following their 'leader' over the cliff!

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    Senior Member Raymond Little's Avatar
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    Look for this ruling to be reversed next summer by the Supremes. It will be fast tracked in hopes of saving face for the only accomplishment ole JugEars can stand on without falling over on his nose.
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    Quote Originally Posted by Raymond Little View Post
    Look for this ruling to be reversed next summer by the Supremes. It will be fast tracked in hopes of saving face for the only accomplishment ole JugEars can stand on without falling over on his nose.
    This was a ruling by a 3 judge panel, which will be reversed by the full appelate court since they are all liberals. If that happens it may never see the light of day by the supremes, unfortunately.
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    There are two Appeals Ct rulings and they are opposite findings. While the D.C. Circuit Ct of Appeals found the subsidies to be wrong, the 4th Circuit Court found them to be just fine. Both need to hear the case en banc but the path to the Supreme Court has pretty well been cleared.
    Eric

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    Senior Member Gerry Clinchy's Avatar
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    The issue raised by one commentator today was that this is a matter of whether the IRS can make a law something that wasn't written in the law. Did the IRS go to Congress and question the wording before decidinging to allow the subsidies (tax credits) for the Federal exchange? The IRS does not have the authority to adjudicate something like that.

    The idea of "intent" of the law is raised by an attorney who was on the show with the commentator. However, the wording of "established by the state" appears multiple times very specifically. Today's commentator said that, in fact, that wording was approved by Harry Reid at the 11th hour in passing the law. Since no R voted on the text of the law (due to the way the law was passed), it is all Ds that are defending the "intent".

    They believed that all the states would get on board, and that wording was supposed to be an incentive for the states to do so. When the Supremes ruled that the Fed could not deprive the states of their Medicaid funds (a way to compel the states to accept Medicaid expansion), that left the door wide open for the states to decline to participate in the exchanges as well.

    Roberts will again be the critical vote.
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    Senior Member Gerry Clinchy's Avatar
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    The "architect" of the law actually admitted that only states' exchanges were to get subsidies. After the first tape revealing that, he said it was just a "speak-o", a verbal typo. But then another tape has been uncovered as well ...
    “That is really the ultimate threat — will people understand that gee, if your governor doesn’t set up an exchange, you’re losing hundreds of millions of dollars in tax credits to be delivered to your citizens,” Gruber says in the audio clip, resurfaced by Morgan Richmond and John Sexton. “So that’s the other threat, is will states do what they need to do to set it up.”

    Gruber made the comments in a public appearance at the Jewish Community Center of San Francisco in January 2012. Gruber’s argument in the clip is even stronger that only state-run exchanges will be given premium tax credit subsidies.

    Read more: http://dailycaller.com/2014/07/25/ob...#ixzz38Wew26lL

    So, the concept of subsidies to state exchanges really was to pressure states into setting up exchanges; which would also make them accept the Medicaid expansion.

    IRS didn't read the law carefully enough; or decided that they didn't want to? The Ds missed the boat in exploiting this little glitch in pressuring the states to set up their exchanges. Appears most of them didn't read the law carefully either? Maybe the R governors DID read the law? Or maybe everybody was just sloppy? And for this kind of poor performancein their jobs, they think they deserve a raise?

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    Senior Member luvmylabs23139's Avatar
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    Theblaw as written is the law'. Charge everyone back for they stolen taxpayer money! Im tired f Bengal screed over. Zydeco we me my tax money back
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    Quote Originally Posted by luvmylabs23139 View Post
    Theblaw as written is the law'. Charge everyone back for they stolen taxpayer money! Im tired f Bengal screed over. Zydeco we me my tax money back
    All righty then....
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    Read the WSJ article titled "The Obamacare-IRS Nexus" that I posted as a message here. It really gives an interesting twist to these cases.
    Eric

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