Obamacare on Path Back to High Court After Ruling Split – Bloomberg
The fight over whether Obamacare provides for subsidies really isnt political, he said. It isnt `Hey, the government is spending too much. It should be, `This is what dysfunctional legislating leads to, when you have one party cutting out another party and taking advantage of an obscure rule to get a bill through. Baucus and Rep. Sen Charles Grassley of Iowa had a long relationship and initially worked closely together on what would become the ACA, Condeluci said. The two senators, later expanded to a Gang of Six including Republicans Mike Enzi of Wyoming and Maines Olympia Snowe, agreed on about 80% of the reform measures and disagreements were mostly limited to politically intractable issues like abortion coverage, he said. Republicans even agreed on the much-derided minimum standards for health benefits, Condeluci said, because they thought that would prevent an outbreak of rentseeking at the state level as providers lobbied for enhanced mandatory benefits. Under the law, states that enacted higher minimum benefits would have to pay the subsidized cost of them with their own tax revenue, he said.
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Circuit Court of Appeals ruled 2-1 Tuesday in Halbig v. Burwell that when the Affordable Care Act authorized the federal government to give subsidies, it only allowed those credits to go to customers who purchased insurance via a state-run insurance exchange. CBS News reports that 36 states rely on “federally-run Obamacare marketplaces,” which may be denied subsidies under this new ruling. What should consumers know about this Obamacare decision? Legal problems eating away at your daily life? Browse FindLaw.com’s Lawyer Directory for an attorney who’s right for you. White House Not Fazed Although many are worried that this ruling could prevent the federal government from offering the Obamacare subsidies that make healthcare affordable for many Americans, the White House doesn’t appear to be worried.
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Obamacare Subsidies Curbed by D.C. Circuit Ruling – Law and Daily Life
Made Explicit The IRS in May 2012 issued a rule making that point explicit. Financial aid, in the form of tax credits, would be available for taxpayers who obtain coverage on the federal exchange because that is consistent with the language, purpose and structure of the Affordable Care Act, according to the regulation. If the Washington ruling is upheld, it may hamstring Obamacare since the plans success turns on enlarging the pool of the insured, including those who need financial aid, to cover insurance costs for those who are ill. Of the more than 8 million people who picked an insurance plan on the exchanges from October through April 19, 5.4 million selected one from the federal marketplace, according to a report by the U.S. Department of Health and Human Services. The HHS report also showed that 85 percent of those picking a plan qualified for subsidies that reduce their premiums. Textualism The Washington court is applying an extreme form of legal reasoning called textualism, in which they simply apply the meaning of a statutes words as written, and not to fulfill the statutes purpose, Dorf said. If theres not an en banc reversal at the D.C.
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