D.C. Circuit Court guts Obamacare

[Xiahou]

D.C. Circuit Court guts Obamacare (http://www.nationaljournal.com/health-care/a-court-ruling-just-blew-a-huge-hole-in-obamacare-20140722)

Basically, the law says that exchanges established by the states are eligible for federal subsidy. However, most states did not establish exchanges so those states were rolled into the federal exchange. The administration tried to argue that Healthcare.gov counts as being established by the states. The court disagreed 2-1. They acknowledged in their decision the impact of the ruling, but said that they must respect the language of the law as written. Therefore, an estimated 7.3 million enrollees are no longer eligible for subsidy.

This will certainly be appealed.

[Seamus Fermanagh]

They will change that aspect of the law.

[Xiahou]

They will change that aspect of the law.
Were it to lose on appeal, it would require congressional action to amend the law.

I don't know how likely that would be with the GOP controlling the House- they probably wouldn't be willing to pass a simple change like that without getting some other changes that they've been seeking. And a Democrat senate would likely refuse to take up anything but a clean bill.

[drone]

So the states that chose to screw their own people by rejecting the healthcare expansion now have their ulterior motive revealed. Not satisfied with borking their own people, they have laid the legal framework for challenging the law itself. Douchebaggery knows no bounds, and I am again repulsed by the GOP.

You assume the GOP in it's current form has the ability to form a coherent strategy. They only want to tear down whatever Obama has created, long term consequences be damned. Chances are this will backfire if upheld. The states that didn't make their own exchanges are either GOP controlled or swing state, once those people get the bill for this chances are they will not be voting Republican any time soon. Ohio, PA, Florida, Wisconsin, VA will all likely fall to the Dem candidate come 2016.

And keep pissing off the Latinos, may as well double down! :2thumbsup:

[HopAlongBunny]

Its getting complicated, looks like a job for the Supremes!:

http://http://www.motherjones.com/politics/2014/07/halbig-burwell-dc-circuit-court-obamacare

[Seamus Fermanagh]

Were it to lose on appeal, it would require congressional action to amend the law.

I don't know how likely that would be with the GOP controlling the House- they probably wouldn't be willing to pass a simple change like that without getting some other changes that they've been seeking. And a Democrat senate would likely refuse to take up anything but a clean bill.

Just in time to let the Dem's defend Obamacare as part of their November efforts -- which they would adore since no other issue is running their way right now and the Obama administration is lame in both wings and one paddle foot.

Remember, aside from the insipidities of the website rollout, those aspects of the ACA of which the public is aware -- I can now get coverage despite my pre-existing condition/I can still keep my children on my policy etc. -- are in place now and sell well in the media. Moreover, the penalties system is being blithely ignored by many because none of the penalty payments will be due until after the first of the year. Meanwhile, the HoR stalling this thing lets them paint the whole issue as "the GOP won't allow us to fix problems with this legislation, they are engineering its failure for their own political gain."

This is really easily spun to Dem advantage while any ACA implosion cannot possibly happen fast enough to affect the November elections. Maybe the collapse of the ACA would happen fast enough to influence 2016.

[HopAlongBunny]

The failure of Congress to hammer out the appropriate legislation has dropped it in the lap of the courts.
So far the judiciary seems content to vote along partisan lines, making the political judicial.
The Dem's may yet use this as a rallying call for the upcoming elections.

http://www.reuters.com/article/2014/07/22/us-usa-court-obamacare-idUSKBN0FR1JI20140722

[Xiahou]

This isn't likely to be sorted out before November- it's going to be bogged down in the appeals process.

The administration will request an en banc review in the DC Circuit, and regardless out the outcome, the losing side will appeal it to the SCOTUS.