In a 2-1 decision, the court struck down federal government subsidies for healthcare policies purchased through the federal government’s Obamacare exchange, the troubled HealthCare.gov.
The way the law was originally written, federal government subsidies can only be paid to those who purchase policies through a state-established healthcare exchange.
“Section 36B [of Obamacare] plainly makes subsidies available in the Exchanges established by states,” wrote Senior Circuit Judge Raymond Randolph in his majority opinion.
Judge Griffith had the same conclusion, writing, “the ACA [Obamacare] unambiguously restricts the section 36B subsidy to insurance purchased on Exchanges ‘established by the State.’”
Taxpayer-funded subsidies are a major component of Obamacare, and if the decision is not overturned, it will basically defang the overreaching monstrosity. Healthcare.gov offers policies to the 36 states that chose not to create their own Obamacare health insurance exchange.
The lone dissenting vote was cast by Judge Harry Edwards, who disregarded the way the law was written and made a politically charged statement, calling the case “a not-so-veiled attempt to gut” Obamacare.
The Obama regime has already indicated that it will challenge the decision, as CNBC reports:
White House spokesman Josh Earnest said the ruling—for now—”does not have any practical impact” on premium subsidies issued to HealthCare.gov enrollees now. ““We are confident” that the ruling will be overturned, Earnest said. “We are confident in the legal position we have . . . the Department of Justice will litigate these claims through the federal court system.”
Earnest said “it was obvious” that Congress intended subsidies, or tax credits, to be issued to Obamacare enrollees regardless of what kind of exchange they used to buy insurance.
http://www.tpnn.com/2014/07/22/court-just-issued-obamacare-a-crushing-blow/
http://hotair.com/archives/2014/07/22/conservatives-get-a-big-2014-boost-from-lethal-blow-to-obamacare/?utm_source=hafbp&utm_medium=fbpage&utm_campaign=haupdate
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