BREAKING: Supreme Court agrees to rule on insurance subsidies in new challenge to Obama health law.
— The Associated Press (@AP) November 7, 2014
Obamacare is coming back to the Supreme Court. Today, the Court
decided it would hear the new Obamacare challenge against health care
subsidies that was originally argued in the D.C. Circuit Court Of
Appeals last summer in Halbig v. Burwell.
The Court ruled in favor of the plaintiff, Jacqueline Halbig, but the Fourth Circuit Court of Appeals ruled in favor of Health and Human Services Secretary Sylvia Burwell in King v. Burwell, which Guy noted would increase the chance of this case going back to the Supreme Court.
This is the case that will be heard.
Yet, after the 2014 elections, let’s do a recap of the case that’s now on the docket. Jonathan Turley, a George Washington University law professor, gave a rundown of the case last summer:
The Halbig case challenges the massive federal subsidies in the form of tax credits made available to people with financial need who enroll in the program. In crafting the act, Congress created incentives for states to set up health insurance exchanges and disincentives for them to opt out. The law, for example, made the subsidies available only to those enrolled in insurance plans through exchanges "established by the state."
But despite that carrot — and to the great surprise of the administration — some 34 states opted not to establish their own exchanges, leaving it to the federal government to do so. This left the White House with a dilemma: If only those enrollees in states that created exchanges were eligible for subsidies, a huge pool of people would be unable to afford coverage, and the entire program would be in danger of collapse.
Indeed, the Halbig plaintiffs — individuals and small businesses in six states that didn't establish state exchanges — objected that, without the tax credits, they could have claimed exemption from the individual mandate penalty because they would be deemed unable to pay for the coverage. If the courts agree with them, the costs would go up in all 34 states that didn't establish state exchanges, and the resulting exemptions could lead to a mass exodus from Obamacare.If the Court rules against the Obama administration, Obamacare is virtually gutted, which is why liberals might get queasy during this second bout (NYT):
The Supreme Court on Friday agreed to hear a new challenge to the Affordable Care Act, imperiling President Obama’s signature legislative achievement two years after it survived a separate Supreme Court challenge by a single vote.
The case, King v. Burwell, No. 14-114, concerns tax subsidies that are central to the operation of the health care law.
According to the challengers, those subsidies are not available in the states that have decided not to run the marketplaces for insurance coverage known as exchanges. Under the law, the federal government has stepped in to run exchanges in those states.
If the challengers are right, millions of people receiving subsidies would become ineligible for them, destabilizing and perhaps dooming the law.
The central question in the case is what to make of a provision in the law limiting subsidies to “an exchange established by the state.”
The challengers say the provision means that only people in states with their own exchanges can get subsidies. Congress made the distinction, they say, to encourage states to participate.
But the Internal Revenue Service has issued a regulation saying subsidies are allowed whether the exchange is run by a state or by the federal government. The challengers say that regulation is at odds with the law.
In response, Solicitor General Donald B. Verrilli Jr. told the justices that the I.R.S. interpretation was correct while the one offered by the challengers was “contrary to the act’s text and structure and would render the act unrecognizable to the Congress that passed it.”Round II is upon us; let’s see what happens.
Yesterday as I was commenting on events surrounding Ferguson, It occurred to me that Thomas Jefferson was wrong in how he worded the Declaration of Independence. Here is how the familiar line goes:
ReplyDeleteWe hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
My god, this is completely false and has been used by groups that do not deserve equal economic status with whites simply because of the color of their skin. These few lines have given us Affirmative Action, forced busing, and rules in which we have to bow down to inferior people. This placed upon white people the exact opposite of what Thomas Jefferson was trying to accomplish.
Here is how “I” would rephase the words “slightly”:
We hold these truths to be self-evident, that NO men are created equal; HOWEVER, they are STILL endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness from an out-of-control FEDERAL GOVERNMENT.
Anyway, this hit me like a lightning bolt yesterday and suddenly all things became clear when I realized that we are inherantly DIFFERENT than blacks! The only way we are EQUAL under the law; for example, murder is a penulty of death in many states regardless of ones race.
No men are equal EXCEPT under the penulties of law. Here we are (white people) wringing our hands trying to make an inferiour group of people EQUAL ECONOMICALLLY and EDUCATIONALLY with whites when that will NEVER happen.
It has been tried and failed in land, after land, after land. Blacks do NOT generally have the intellectual capacity to rule themselves. Examples: Detroit, Africa, Ferguson, Missouri! Violence is in their DNA and we can’t change that fact.
European bees and Africanized bees are different. The Africanized bees are beligerant, whereas European bees are more docile. Bee keepers (who don’t have to follow some dumbass rule that ALL bees should be kept together) separate the two types of bees. If they didn’t, the Africanized bee would take over the hive make the European hive one of their kind. Why? To do what nature intended, to wipe out the European variety, or commonly called NATURAL SELECTION.
People can put their heads up their asses where the sun doesn’t shine, but if we (as white people) do not stand up for ourselves, the blacks will run all over us. The problem is many of our liberal brothers are still drinking the kool-aid that Jefferson dished out.
Now, although I am writing this in a open post, what I write is REALLY directed to Diane Sori. She may disagree, but if she thinks about it, I think she will see that we are not really CREATED equal. In nature, the dominate species wins. As I see things, we are giving other groups rights over our own group. IT is like the European queen bee is vacating her hive for the Afcricanized queen bee to take over without a fight. If white people remain stupid by giving blacks freebies, they will walk all over us!
BUZZ
PS OK Diane, if you read this, do you think I on to something, or am I nuttier than a Stucky’s log? You can be totally honest; this is a no bullshit zone. If you disagree, I will respect that!
Also, if perry jackson reads this: I don’t care what you think asshole, or what your anonymous alter ego believes as well. I only care what Diane thinks, and that is if she even reads this post.
A non reply will mean you don't wish to answer, and I will move on to the next topic.
I think this one was about health care. The government needs to keep its ass out of that as well!
I'm glad we're on great terms, we both don't care about what the other person thinks.
DeleteI'll answer for her: yup, you're nuttier than a Stucky's log (whatever on earth that is...)
She'll probably reply, and I hope she sees this. Hey, Diane, maybe read my comments carefully to learn how to write coherent sentences, okay? Thanks!
This comment has been removed by a blog administrator.
DeleteHA HA HA HA! This WAS fucking brilliant! I just reading a blog and some guy mentioned that all men were NOT created equal and then the realization hit me as well...all men are NOT created equal. White men are fucking BETTER! Thomas Jefferson was full of shit!
DeleteI don't care what Diane thinks about what I say, I say what I say and she can drop me if she so desires! She did not answer, so maybe she disagrees. Then again, maybe she agrees. How in the fuck am I supposed to know what she thinks or doesn't think? I'll tell you this, I listen to her radio broadcast and IF our opinions are different, I sure as hell can't tell it! Diane is a refined, well spoken lady…I don’t think she would want to sully her reputation when I speak the truth…because the truth is RAW and UNCUT and TO THE POINT!
When reworded the Declaration of Independence the way it should be read. All men are NOT created equal...I felt like a huge libturd paradigm had been expunged from my being.
Free at last, free at last, free at last, thank god I am free at last!!!
You have a good week, Perry! You are a confused and disoriented person, but I think you mean well.
Hey Perry...I write more cohesive than you will ever be able to...just saying...LOL
DeleteBuzz...in your post you do make some valid and interesting points worth considering even with the sometimes crude words. Give me some time to really think about this as your comments separate the religious aspects from the legal aspects...which is how our Founders intended it to be...and that is what is so interesting about them.
DeleteHi Diane, no need to respond to this reply because I will have moved on! The question of equality only applies to fairness under the law…justice must be blind in that each man is treated as any other man under the law.
DeleteMy premise is that the word “equality” now means equality of outcome. This is not the natural order of things! Each outcome should be commensurate to the person’s work and effort and intellect.
If I give each student an A on a test, does that really make the students equal? I would argue no because some students may actually understand the material, but their efforts are muddled with those who do not achieve. In essence when we try to elevate everyone to the same status, we are actually bringing everyone down to the lowest common denominator.
In life, nature has a way of rewarding achievers over non-achievers. What has happened is power hungry men have subverted the true meaning of the Declaration of Independence in their quest for power. They have used a downtrodden people to accomplish that goal. Statistically, black Americans simply do not have the means to achieve on the same level as whites and Asians, and many other groups for that matter. It is even worse in Africa!
However, the black Americans see what white people have and covet it! The only way to come anywhere close to the same wealth of white Americans is to prostitute their votes.
The Democrats promise black Americans much, but deliver little!
What we are doing is “feeding the bears.” When you feed an animal, it will become accustomed to the free lunch and keep coming back. If it expects a free lunch but is not given one, it could become violent. In our own national parks there are signs that prohibit feeding wild animals for that reason. If we do that, we will destroy the animals knowledge of how to care for itself and its young.
If we, as a people, continue to care for the other peoples of the world above our own, we will die out as a race. Nature is brutal and there are no second chances! If you look at ALL nature, you take care of your own first and foremost. We are letting MILLIONS of aliens into our country which will ultimately destroy anything of the original country that was built by white Americans…OUR people!
Going forward, we...as a race and people, had better put our own first. The money spent on welfare for poor blacks could be better spent on a white child with a future. The affirmative action given to a black child over a white child diminishes the white race…and is frankly contradictory to the Fourteenth Amendment in my opinion. People like Obama who want to destroy the white race, stack the courts with activist judges who work to destroy white America. Justice Sotomayor ruled against some firefighters because they were white and rewarded blacks who could not compete on the same level. We’re basically talking about affirmative action in the courts. You read…you know this goes on!
If white people remain true to form, and remain passive and not assertive, they will occupy the back of the bus and deservedly so! I think it is time to shed white guilt completely and acknowledge that there are differences in races.
There…I said all of that and didn’t use one cussword.
BUZZ
Diane, do you realize how much you just contradicted yourself?
DeleteYou said you can write coherent sentences, but used the wrong tense in your sentence ("cohesive" should be "cohesively")
Case and point, ladies and gentlemen. By the way, your blog start by saying "We the people will never be silenced" so I'd appreciate you not deleting my comments, even though they blatantly contradict your opinions.
You can say a lot about me, but my writing level is much higher than anyone on this blog whom I have observed, especially yourself. I don't end sentences with "LOL" and I don't have three blatant grammar mistakes per sentence.
DeletePerry...you are a tiring bore and if all you can be is the 'grammar police' you are one sorry individual. And I said "We the People" will NEVER be silenced" NOT 'We the Sheeple'...LOL. This is MY blog to do with as I so chose so I have someone looking into making you go 'poof' permanently...and NEVER underestimate what I can do.
ReplyDeleteBUZZ...you said it all with this one line: "The Democrats promise black Americans much, but deliver little!" Great line that says it all.
ReplyDelete