Tuesday, January 21, 2014

The End of ObozoCare?

A story in which we find a Federal judge ignoring plain English because Statism.  (Of course, Roberts could always find a 'tax,' I suppose.)

...No later than June, 2015, the Supreme Court will hold that subsidies cannot be paid to individuals enrolled in the federal health exchange covering 36 of 50 states

Absent subsidies, 16 million people in the 36 affected states will face increased annual premium costs totaling $85 billion, based on Congressional estimates. The federal health exchange will have no option but to disclose the full, unsubsidized cost of policies, contributing to the so-called death spiral caused by too few young enrollees. Employer penalties can be assessed only after workers enroll in a subsidized exchange. No subsidy, no lawful penalty....

It's no wonder that the Left went into full screech when Walker (and 35 other Governors) decided to forfeit a State-run exchange.  It was the death penalty for ObozoCare, as written.

...Obamacare authorizes subsidies for exchanges “established by a State.” Without a federal exchange subsidy, the legislation fails in practice because so few states elected to set up an exchange....

Well, except for this blackrobe-bozo:

...federal Judge Paul Friedman in Halbig v. Sebelius upheld the IRS regulations authorizing the federal exchange subsidy. Judge Friedman admits that “looking only at the language of the statutethe plaintiffs’ argument prohibiting subsidies to the federal exchange “may seem the more intuitive one.” He goes still further: “On its face, the plain language of [the statute], viewed in isolation, appears to support plaintiffs’ interpretation. The federal government, after all, is not a ‘State.’”

No shit, Captain Obvious!  But that's not a bar to his ridiculous 'reasoning':

...According to Judge Friedman, the Obama administration makes “a credible argument” that the federal government can create an exchange “on behalf of that State,” therefore the federal exchange must be viewed as equivalent to a state exchange and therefore the federal exchange is eligible for a subsidy....

Cats and dogs have four legs.  Therefore, cats are dogs!  QED!!!


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