The following is a note from Twila Brase, president of CCHF regarding the two court decisions earlier this week placing dysfunctional ObamaCare into further legal confusion :
CCHF News Alert!
D.C. Court Blows Hole in Obamacare, but…
July 22, 2014
By Twila Brase, President, CCHF
Earlier this morning, in a 2-1 ruling, the DC Court of Appeals ruled against the Obama administration in Halbig vs. Burwell. The court ruled that a plain reading of the text of the law means the federal exchange (Healthcare.gov) cannot issue federal premium subsidies. However, the DC court did not order the subsidies to end, presumably because they knew their ruling would be appealed. Using very strong language, the D.C. ruling states:
“Within constitutional limits, Congress is supreme in matters of policy, and the consequence of that supremacy is that our duty when interpreting a statute is to ascertain the meaning of the words of the statute duly enacted through the formal legislative process. This limited role serves democratic interests by ensuring that policy is made by elected, politically accountable representatives, not by appointed, life-tenured judges.”
This ruling means that people in 36 states without state exchanges will not have access to taxpayer-funded dollars for Obamacare-priced coverage — and that many people will refuse to pay the full cost, potentially derailing Healthcare.gov. It also means that the individual and employer mandates (and penalties), which hinge on there being subsidies available, cannot be applied in the 36 states without a state-based exchange.
Hours later, the Virginia Court of Appeals ruled unanimously exactly opposite on the same issue in King vs. Burwell, saying the subsidy language is “ambiguous and subject to multiple interpretations.” But Judge Andre Davis, who seems to have no trouble disregarding Congressional supremacy, wrote that even if the language were not ambiguous, he would hold that Congress mandated subsidies through either exchange.
Expect Supreme Court action. Although the Obama administration plans to appeal Halbig vs Burwell to the entire 9-member DC Court of Appeals (hoping for a win in a court packed with Obama appointees), the unsuccessful plaintiffs in King vs. Burwell are likely to appeal it to the U.S. Supreme Court, meaning the final decision could come sooner rather than later. Stay tuned!
Mark Your Calendar! Don’t forget to put our September 11 fundraising dinner on your calendar! Stephen Hayes, part of the Fox News’ All-Star Panel, will be the keynote for this special event to raise funds for CCHF and celebrate our 20th anniversary! More details and registration coming soon!
Filed under: Barack Obama, Crime, Health, Justice and the Law, Marxism, The Press | 2 Comments »
MN Prager Discussion Group 