There may be videos of them talking about this feature too. (I wouldnt know; I only researched congressional statements made pre-enactment.) At a minimum, however, with the D.C. Circuit and the Fourth Circuit and now Jonathan Gruber lining up against the idea that it is implausible that Congress could have meant what it said, we can dispense with that argument once and for all. Gruber Changed His Story Interestingly, Gruber changed his story around the same time it seemed this provision might imperil the statute he had worked so hard to craft, enact, and protect. Just one year laterafter the IRS issued a final rule purporting to authorize tax credits in federal Exchanges, after Jonathan Adler and I published our research on this issue, and after people started filing lawsuits challenging that final ruleGruber was singing a different tune. Heres what he told Mother Jones in January 2013: But probably the most widely touted reason given for why obstinate Republican governors will be able to take Obamacare down is a legal theory pushed by [libertarian] scholars like Michael Cannon, the health policy director at the libertarian Cato Institute. It goes like this: Congress only intended the subsidies and tax credits that help consumers buy health insurance to be available through state-created, not federally created, exchanges. If these benefits arent available in states with federally run exchanges, the argument goes, then other key components of the law, like the requirement that employers offer health insurance, and that most people must buy insurance, also fall apart in those states.
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Why Obamacare will survive « Bankrate, Inc.
So this isn’t even the final word out of the D.C. district court,” Roby explains. Another high court battle ahead? Given the decision that dropped later that morning in the Fourth Circuit Court of Appeals in Richmond, Virginia, dismissing the plaintiff’s case as “murky,” most assume these and two other pending challenges will once again wind up in the laps of the Supreme Court. But Roby isn’t so sure. “This case was brought by a libertarian think tank, so I’m not sure that the Supreme Court will even decide that they have standing in the case,” he says. “In one of the decisions that came down from the Supreme Court recently, even Justice (Antonin) Scalia said you can’t single out one provision or statement from the law and look at it independently from the statutory meaning of the law.” Besides, Roby says the feds step in when the states fall short all the time, whether it be Medicare, Medicaid or mismanaged community health centers, without anyone yelling, “Foul!” To somehow deny millions of low-income Americans the subsidies they need to make health insurance affordable based on word choice would not only seem unfair, it would fly in the face of the very intent of the Affordable Care Act. Here’s a look back at the Supreme Court’s landmark 2012 Obamacare ruling .
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Cheap solutions to Obamacare challenge could work: Experts
Those possible workarounds include formally contracting with the federal government to do Obamacare enrollment for the states, buying a dirt-cheap version of HealthCare.gov’s software or setting up an inexpensive website that does nothing much beyond directing visitors to HealthCare.gov for sign-ups. “It seems like there’s some fairly low-cost ways to get there,” said Douglas Holtz-Eakin, a former director of the Congressional Budget Office and founder of the Center for Health and Economy think tank. “I can think of a couple,” Holtz-Eakin said, adding, “but none of them are perfect.” Getty Images A woman sits with an insurance agent as she inquires about purchasing health insurance under the Affordable Care Act at a kiosk at the Mall of the Americas on Dec. 22, 2013 in Miami. A top federal appeals court panel on Tuesday ruled that the Obama administration was violating the law by issuing subsidies to nearly 5 million enrollees in 36 states on the federal insurance exchange, HealthCare.gov. Those people’s low or moderate incomes qualified them for the assistance.
For the original version including any supplementary images or video, visit http://www.cnbc.com/id/101864598