A few weeks ago, I warned that a case pending before the D.C. Court of Appeals could do what Republicans in Congress have failed to do since the advent of the Affordable Care Act—kill it off once and for all. The responses to my earlier article tended toward the viewpoint that I had overstated the [...]
As Peter Suderman noted earlier, the U.S. Court of Appeals for the District of Columbia Circuit ruled today in Halbig v. Burwell that the plain text of the Patient Protection and Affordable Care Act trumps an I.R.S. rule granting insurance subsidies through the federally run health exchanges now operating in 36 states. Show More Summary
(Paul Mirengoff) As Steve has noted, the U.S. Court of Appeals for the District Columbia today invalidated the IRS regulation that provides for insurance subsidies to millions of lower-income Americans using the federal Obamacare exchanges. Show More Summary
(John Hinderaker) This morning, as Steve noted earlier, a panel of the D.C. Circuit Court of Appeals held, in Halbig v. Burwell, that the Affordable Care Act does not permit the federal government to subsidize persons who enroll in exchanges run by the federal government, as opposed to a state. Show More Summary
"You don't need a fancy legal degree to understand that Congress intended for every eligible American to have access to tax credits that would lower their health care costs regardless of whether it was state officials or federal officials who are running the marketplace. Show More Summary
A federal appeals court delivered another body blow to the ACA today declaring that the subsidies handed out on the federal exchanges violate Section 36B of the ACA which explicitly states that subsidies are available only through the State run exchanges. You would think that this would give Democrats reason to pause, and reflect on […]
A pizza is a pizza regardless of who makes it, so long as the eater of said pizza finds it delicious, a federal appeals court said Tuesday in upholding ObamaCare's subsidies. The case concerned a snippet in the Affordable Care Act that some claimed prevented the feds from offering subsidies in states without state-run insurance exchanges. Show More Summary
Just hours after the Affordable Care Act was dealt a serious blow from a federal appeals court, a different appeals court gave the law a victory — thanks in part to an analogy based on pizza. The Fourth Circuit Court of Appeals in Virginia...Show More Summary
The federal US Court of Appeals for the DC Circuit ruled 2-1 today against the Obama administration in the case of Halbig v. Burwell, reports Politico. This ruling effectively axed Obamacare subsidies for the citizens of those states that never established their own state exchange. As a result, these citizens cannot rely on federal tax-credit
In the end, the battle between the Fourth Circuit and the DC Circuit is a battle over who gets to make law. The DC Circuit would steal this decision away from the American people's representatives, and place it in the hands of a few unelected officials in black robes. Show More Summary
I predicted Oklahoma would win its case against federal exchange subsidies. The D.C. Circuit Court of Appeals has now ruled against the government on this issue. For more on this breaking news story, check out Jonathan Adler at Volokh. Tagged: halbig v. burwell, PPACA
Halbig. Remember that name. It hasn’t gotten a lot of press to date but trust me, it will. A decision today in the U.S. Court of Appeals in Halbig poses one of the greatest challenges to the Obamacare since its inception. So why did Hobby Lobby and Wheaton garner more attention? Two reasons: [...]
Well, that didn't last long—roughly two hours after a D.C. circuit court panel ruled that Obamacare does not allow subsidies in federally-run exchanges, a panel in the Fourth Circuit Court of Appeals, located in Virginia, has unanimously...Show More Summary
Sarah Kliff: Separate circuit court rules in favor of Obamacare subsidies: "The Fourth Circuit Court of Appeals... >ruled Tuesday afternoon that Obamacare subsidies could be offered through federally-run insurance marketplaces. >>It is... Show More Summary
The U.S. Court of Appeals for the D.C. Circuit in a 2-1 partial decision have reached jaw dropping, absurd conclusion that would potentially take away the Affordable Care Act's insurance subsidies from people in over half the countr...
Gotta try and keep up. Breaking: 4th Circuit issues ruling on ACA insurance subsidies, sides with Obama administration. Ruling at odds w DC Circuit from this morn.— Brent Kendall (@brkend) July 22, 2014 Unlike the DC circuit the 4th circuit...
As the D.C.'s Circuit's ruling was done with reluctance, so was the Fourth's, which said that "the court is of the opinion that the defendants have the stronger position, although only slightly."
A federal appeals court ruled today that due to the wording of the Affordable Care Act, Obamacare subsidies are unauthorized in states that haven't set up their own insurance exchanges. In those states, which are mostly Republican-controlled, the IRS had been granting subsidies to customers who purchased insurance plans on the federal exchange. Read more...
Soon after the D.C. Circuit delivered a major loss to the Administration in rejecting its statutory interpretation under the ACA in Halbig v. Burwell, the United States Court of Appeals for the Fourth Circuit has delivered an equally important victory on the very same issue in King v. Burwell. This tale of two circuits only […]
A federal appeals court on Tuesday upheld ObamaCare's subsidies — the same day another appeals court ruled against them. In a unanimous ruling, the Fourth Circuit Court of Appeals ruled that the health care law permits the federal government to provide subsidies to people who purchase health insurance in every state. Show More Summary