Sponsored Content




Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!



Recent Entries
Absent Friends
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info
Cutting The Cord And Email Security
Moron Meet-Ups





















« Obama's Disapproval Hits New High, 59%, in New AP-GfK Poll | Main | Flyin' Car? »
March 26, 2014

Gabe's Favorite Obamacare Challenge Now Being Argued in the DC Circuit Court

If you don't remember, these cases concern the language of Obamacare, which states that federal tax credits and subsidies are available to those who purchase insurance in a health insurance exchange "established by a state under section 1311" of Obamacare.

But most states have not established state exchanges. In most states, Obamacare exists (to the extent it exists at all) as a federal insurance market. So tax credits and subsidies should not be available for such plans.

And further, section 1311 concerns the state exchanges. So the law does seem to restrict the subsidies/credits boondoggle only to state exchanges -- if we care about the law anymore, which Obama, like, doesn't.

A district court already ruled on this point in Obama's favor, back in January. Then, a Clinton appointee stated that the words of Obamacare were "clear" and "unambiguous" -- and clearly and unambiguously meant something other than they said. The lower court ruled that, get this, when Congress said subsidies would be available for polices bought on the state exchanges, they "clearly" and "unambiguously" meant "the state and/or federal exchanges."

Powerline links a digest of oral arguments on this point in the DC Circuit of Appeals (and there are, I think, three other identical challenges in other federal courts). In the DC circuit, at least, the judges (two Republican appointees and one Democratic one) seem skeptical of the government's argument that words are stupid things.

The Democratic judge (a Carter appointee) resorted to very weak arguments to justify letting the Obama Administration "interpret" the law to mean something other than the words actually say:

At one point, Judge Edwards claimed that because the statute was entitled the “Affordable” Care Act, the court should construe it so care would be affordable.

Apparently the government's arguments boiled down to these:

1) Come on, you can't strike this down, "everyone knows" what they meant, even if they didn't actually write it

2) No seriously "everyone knows" what they meant

Now, NRO's Bench Memos thinks (based on the judges' questioning) that we'll win here. However...

A 2-1 panel decision seems likely, with Judges Griffith and Randolph firmly in favor of applying the plain meaning, and with Judge Edwards against the plain meaning. If the appellants win and the court declares the regulation ultra vires, the government would likely petition for en banc rehearing to the newly-packed D.C. Circuit to delay or reverse the effect of the panel’s decision.

Yes, now that the DC Circuit is packed with Obama appointees, an en banc review would probably go against us.

And then on to the Supreme Court.

If you're interested in this case, the DC Circuit has posted audio of the oral arguments.


digg this
posted by Ace at 06:16 PM

| Access Comments




Recent Comments
rhennigantx: "off sox ..."

F 451 or 452 whatever it takes: "Teachers Union Official Compiled List Of Nearby We ..."

Aetius451AD Work Laptop: "40 “The entire Israeli society is united beh ..."

Nikki Haley: " Ironically enough, in places that historically be ..."

San Franpsycho: "As Tucker said yesterday in his discussion with Sh ..."

Biden's Dog sniffs a whole lotta malarkey, : "The great American Experiment for Jews is over. We ..."

Ordinary American: "I'm not sure it's DeSantis their shoving anymore, ..."

Huck Follywood: "[i]Progressives are restless and ready. Left-wing ..."

F 451 or 452 whatever it takes: "“The entire Israeli society is united behind ..."

J.J. Sefton: " 32 But I fear for my kids and my Grandchildren. S ..."

Mary Poppins' Practically Perfect Piercing (aka Eloquent Depression): "[i]Mornin’, All. Not looking forward to 2 ..."

Divide by Zero [/i]: " People who would prefer to stay on the dole are ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64