OriginalShroom
Gold Member
- Jan 29, 2013
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So Obama violated the laws yet again....
And now millions are losing subsidies they thought they were getting.. Because Obama Lied and broke the laws.
And now millions are losing subsidies they thought they were getting.. Because Obama Lied and broke the laws.
Another court strikes down Obamacare subsidies in 36 states - Vox
The Eastern District ruled on Pruitt v. Burwell, a suit brought by Scott Pruitt, attorney general of Oklahoma. Curiously, this suit was filed prior to Oklahoma's decision to default to a federally-run exchange — suggesting that at least some state officials understood that subsidies could be yanked away from their citizens at some point in the future, if the attorney general's lawsuit prevailed.
Consistent with the DC Circuit's July ruling on Halbig v. Burwell, the Eastern District struck down subsidies on federally-run exchanges, asserting that the clear language of the law forecloses any interpretation authorizing those subsidies.
Judge Ronald White writes,
This is a case of statutory interpretation. "The text is what it is, no matter which side benefits." Such a case (even if affirmed on the inevitable appeal) does not "gut" or "destroy" anything. On the contrary, the court is upholding the Act as written. Congress is free to amend the ACA to provide for tax credits in both state and federal exchanges, if that is the legislative will. As the Act presently stands, "vague notions of a statute’s ‘basic purpose’ are nonetheless inadequate to overcome the words of its text regarding the specific issue under consideration" ...
The court holds that the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C. §706(2)(A), in excess of statutory jurisdiction, authority, or limitations, or short of statutory right, pursuant to 5 U.S.C. §706(2)(C), or otherwise is an invalid implementation of the ACA, and is hereby vacated.