- Sep 23, 2013
- 3,660
- 667
- 190
And by the way, a lawsuit over Obama making up a program to illegally give away billions of dollars hardly qualifies as "silly"....
It is silly, the entire lawsuit depends on just four words in a section of the ACA not even directly laying out the details of the subsidies. It isn't giving them away illegally because to hold the states to making an exchange or losing subsidies would be unconstitutional since it's coercion by the national government (build exchanges or you lose subsidies). The only logical conclusion is that the federal exchange is the one "in place of" the state exchange, and thus the subsidies are obviously legal (duh...).
The GOP can't pass anything, if you think they can agree on a national healthcare fix you're crazy.
Which is rewriting the law by executive action. Interesting prospect, but Obama can't rule by imperial edict. The law needs to stand or fall as written. Or would you like to see a precedent set where the next Republican President can rule by decree, regardless of the will of Congress or what the law states?
It isn't rewriting the law....it's interpreting it the way it was meant to be interpreted. "Established by the state" is the only phrase in the ACA that pertains to King vs Burwell. That phrase is easily open to interpretation, as can already be seen by the lawsuit being struck down by both the 4th circuit and the DC circuit courts.
There were too many cases (by tea partiers...) swarming the court system on this issue so the Supremes took it up to settle it once and for all. They don't have a Circuit Court ruling in favor of King at all, giving credit to the idea that the lawsuit is silly.