Courts Give Green Light To Lawsuits That Could Finish ObamaCare





Photo credit: terrellaftermath

In finding the Affordable Care Act (ACA) constitutional, 5 justices of the Supreme Court literally ignored the statutory language of the law and the wishes of Congress. In fact, Chief Justice Roberts rewrote portions of the Act in order to bring its substance into line with his own politically motivated preferences.

In May, the IRS also ignored the will of Congress as expressed in the ACA. The law specifically states that subsidies and tax credits provided to certain ObamaCare enrollees may be awarded ONLY by “a governmental agency or nonprofit entity [ObamaCare exchange] that is established by a state.”(My emphasis) But this would prevent subsidies being awarded in the 33 states that have refused to build an ObamaCare exchange. Such a setback would effectively ruin the Affordable Care Act.

So the IRS decided to rescue its master’s namesake healthcare plan by presenting ObamaCare enrollees with $800 million worth of subsidies and tax credits even in states that have not built an exchange. After all, defenders of ObamaCare maintain that the whole affair simply represents  “…a minor drafting error [in the law] that courts will and should overlook.”

But not everyone agrees that the IRS may legally assume the lawmaking powers of Congress. In 2012, Oklahoma Attorney General Scott Pruitt filed an amended suit, claiming that the IRS had no right to pass out subsidies contrary to the will of legislators. And as subsidies are not permitted in states with federally built exchanges, neither are the penalties–or taxes– the law imposes for noncompliance. In short, both the individual and employer mandates must be nullified.

In August, an Oklahoma district court ruled that 3 counts of Pruitt v. Sebelius may go forward. And as these represent the principal arguments of the action, should any of the 3 receive a favorable ruling, the status of ObamaCare exchanges will be placed in significant peril.

On October 22, a federal judge ruled that Halbig v. Sebelius–a suit whose content effectively mirrors that of Pruitt–may proceed. DC District Judge Paul Freidman “…rejected several Justice Department arguments on why the legal challenge should be tossed out of court.”

The existence of two lawsuits demanding the IRS follow the law rather than a political agenda gives opponents of ObamaCare 2 chances of upending the Affordable Care Act. Should an effective split decision occur, the Supreme Court would almost definitely hear the surviving case in its upcoming term.

Some 100 lawsuits filed against one or another facet of the Affordable Care Act are still making their way through the courts. Of the major “Act-ending” actions, Pruitt and Halbig probably represent the best hope of destroying ObamaCare as it now exists. As usual, we can only hope that an honest judge interested in maintaining the rule of law will make the ultimate ruling. If one can be found, ObamaCare’s days may be numbered.

 

Photo credit: terrellaftermath

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Comments

  1. Sic Semper Tyrannis says:

    The law on its face is completely unConstitutional because it wasn't passed by the proper Constitutional process. The Constitution requires all laws raising "TAXES" must originate in the House of Representatives, NOT the Senate. Obamacare originated in the Senate because the Democrats had deemed it to be a "PENALTY" instead of a "TAX". The SCOTUS ruled otherwise that it was a "TAX". This ruling by the SCOTUS automatically rendered the law null and void and unConstitutional. Roberts had no Constitutional authority to rewrite the legislation to suit his own personal agenda.

    • Hi Sic Semper,
      Roberts is one of obama's flunkies, that is why drama-obama put him there, anyone obama appoints are all yes people and will do whatever obama wants. But there still may be hope after all according to this article if there are a few honest judges who will abide by the law and Constitution then we have a good chance of getting rid this healthcare.

      • Edwardkoziol says:

        Your sure right about Roberts he is an Obutthole lapdog.Remember when he was nominated all the socialist democraps pretended that he should be rejected and the Republicans fell for it hook,line and sinker.Roberts showed them right away on what side he would be on.

      • Sic Semper Tyrannis says:

        Roberts was appointed by George W. Bush. He's been bribed by "Poppy" Bush Sr who runs that whole criminal mafia. Obama and the Clintons are also in that same mafia and countless others in key positions of power in the US Mafia government in the District of Criminals. That's why "Poppy" Bush and JEB Bush stopped by the White House recently to go see Obama. They apparently had some private mafia business to discuss with their puppet, Obama. That's also why "Poppy" Bush and Bill Clinton are such good buddies. Roberts was bribed to the tune of several billion dollars by "Poppy Bush", the ex-CIA Director, money launderer, and drug trafficker extraordinaire. Roberts is widely believed to likely have had one of those secret Vatican Bank accounts they discovered several years ago before that money was laundered quickly off to another offshore bank account. Romney is also part of this big time crime mafia running the US government.

        • Hi Sic,
          I do believe a lot of what you are saying, I have seen videos on utube by Alex Jones exposing many of these politicians having secret gatherings at the Bohemian Grove and these people were having some kind of ritual. Most of these politicians belong to secret sociality groups. I have an old video of Bush Senior talking about the New Word Order, he and his sons belong to another secret sociality group, which I rather not mention.

          Most of these politicians are also Free Masons Illuminati. It real scary stuff but this is happening, and many people are not aware of this. You are right obama is a puppet he was put in place by these people to destroy the Country, and go into a one world government.

  2. Evermyrtle says:

    I wonder how much he was paid to betray his country and if it was worth it. Does he ever feel any guilt? how does he sleep at night? What about his friends, does he still have any? Does his wife realize what he has done? Ther are so many question and no answers!!

  3. Edwardkoziol says:

    I just hope we can fix this dillema of Obuttholecare

  4. MuslimLuvChrist says:

    Pruitt and several other states put together 21 illegal Obama Violations
    U.S. Attorney Generals Rising Up: Calling Into Account 21 Illegal Obama Administration Violations!
    MEMO:          A Report on Obama Administration Violations of Law, Mar 05/12
FROM:           Attorneys General Tom Horne, Arizona; Pam Bondi, Florida; Sam Olens, Georgia; Bill Schuette, Michigan; Scott Pruitt, Oklahoma; Marty Jackley, South Dakota; Alan Wilson, South Carolina; Greg Abbott, Texas; Ken Cuccinelli, Virginia
    This is a 6 page list of Obama’s typical illegal violations!

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