The DC Circuit ruled today, 2-1, that the IRS regulations implementing the ACA contradicted the plain language of the statute. Specifically, giving subsidies to individuals and enforcing the employer mandate against businesses in states that choose not to set up a state exchange contradicted the plain language of the ACA which included those subsidies and mandates only for states with a state exchange. Practically, the change could cripple much of the ACA. The federal government is expected to appeal to the DC Circuit en banc or the Supreme Court. In other words, the court reaffirmed the principle that the law is what Congress enacts — the text of the statute itself — and not the unexpressed intentions or hopes of legislators or a bill’s proponents. Attorney General Scott Pruitt brought a similar suit in E.D. Okla. before the D.C. litigation began. Judge White has not ruled on the Oklahoma litigation yet.
Posted on: Tue, 22 Jul 2014 15:05:17 +0000
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