Could a case thats pretty much flown under the radar invalidate Obamacare in 34 states including Arizona? Aside from the law being arbitrary and capricious, the fact that four words that threaten disaster for the ACA say the subsidies shall be available to persons who purchase health insurance in an exchange established by the state. But 34 states including AZ have chosen not to establish exchanges. So the IRS, which is now charged with enforcing Obamacare, has taken time off from writing regulations to restrict the political speech of the Tea Party, and with indifference to legality, stated that subsidies shall also be dispensed to those who purchase insurance through federal exchanges the government has established in those 34 states. Pruitt is challenging the IRS in the U.S. District Court for the Eastern District of Oklahoma, and there are similar challenges in Indiana, Virginia and Washington, D.C. The IRS says its interpretation -- it actually is a revision -- of the law is consistent with, and justified by, the structure of the ACA. The IRS means that without its rule, the ACA would be unworkable and that Congress could not have meant to allow this. The ACAs legislative history, however, demonstrates that Congress clearly -- and, one might say, with malice aforethought -- wanted subsidies available only through state exchanges. freerepublic/focus/news/3138026/posts
Posted on: Sat, 29 Mar 2014 14:49:13 +0000
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