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Buried deep in the 2600 pages of Obamacare is a provision that now threatens to cause it to grind to a halt in as many as 36 states.
Quote:
Originally Posted by LA Times
The Affordable Care Act proposes to make health insurance affordable to millions of low-income Americans by offering them tax credits to help cover the cost. To receive the credit, the law twice says they must buy insurance "through an exchange established by the state."
But 36 states have decided against opening exchanges for now. Although the law permits the federal government to open exchanges instead, it does not say tax credits may be given to those who buy insurance through a federally run exchange.
Apparently no one noticed this when the long and complicated bill worked its way through the House and Senate.
The IRS tried to run interference by issuing a regulation allowing people in states without exchanges to use the federal exchange. But it seems doubtful that the IRS can override the clear and specific language in the law. Four lawsuits have been filed and a federal judge rejected the Obama admin's request to dismiss them. The suits presumably seek to have the law operate as it is written.
Quote:
Originally Posted by LA Times
"This is a problem," said Timothy Jost, a law professor at Washington and Lee University. "This case could have legs,"
I see two ways out of this for the Obama. First he could send it back to Congress for a fix. But that's not going to happen unless Dems hold the Senate, and retake the House in 2014. Second they could try to cajole as many states as possible to establish exchanges. But that's not going to happen in any state where the law is deeply unpopular, which includes a lot of states.
This is why you don't pass 2600 page legislation that brings a national sea change, with zero bi-partisan support or input, and using a parliamentary trick to ram it through.
Supposedly states had the choice to operate the exchange or let the Fed do it.
Most decided it was more financially feasible to let the Fed run it.
And that was in the bill as well.
I've heard a few conservative talk show guys say they expect the courts will extend the tax credits those in states which didn't establish their own exchanges.
I've heard a few conservative talk show guys say they expect the courts will extend the tax credits those in states which didn't establish their own exchanges.
Ultimately the law says what SCOTUS says it says.
It's funny how the Court has become part of the Legislative Branch.
First I'll bet Obama will try to dictate what the Law says he can do according to himself.
what will end up happening is that these lawsuits will wind their way to the supreme court, and the court will rewrite the law, like they did before, to allow the tax credits, and all will be settled, until the next issue pops up showing what a disaster obamacare is.
The obama admin. has single handedly redifined the term "glitch" to mean massive cluster f***
Yep, Newspeak you know.
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