- Michigan GOP Senate hopeful reminds government is the ‘servant’
- Christmas, by Congress: Members mull a 15-cent tax on trees
- U.S. unemployment falls to five-year low of 7 percent; 203K jobs added
- World mourns Nelson Mandela and celebrates his life; burial set for Dec. 15
- Bill O’Reilly reminds: Nelson Mandela ‘was a communist’
- John Boehner says GOP should support gay candidates: ‘I do’
- Grass-Whopper: Pan-fried cricket burgers go over big in New York City
- CDC sees measles spike and ‘failure to vaccinate’
- Ex-Secret Service agent seeking Md. seat: Everyone’s a ‘de facto criminal’ now
- New prosthetic hand technology lets amputees feel again
Federal judge set to rule on Obamacare subsidies quandary
A federal judge will decide Tuesday on a case that could blow a major hole through the Obamacare exchanges when he rules on whether the government can dole out tax credits to Americans whose states declined to run their own Affordable Care Act insurance markets.
U.S. District Court Judge Paul L. Friedman heard oral arguments Monday and said he would rule Tuesday morning on the challenge by seven plaintiffs, who want an injunction from the rule that extends credits to all of the exchanges. He will also rule on the government’s attempt to kill the lawsuit.
The 2010 law says the tax credits go to help Americans enrolled in exchanges “established by the state.” But about three dozen states declined to create their own exchanges, leaving it to the federal government to step in — and opening up the question of whether residents in those states can still get the subsidies.
Justice Department lawyer Joel L. McElvain argued that Congress did not want to favor some states over others through the health care law. Instead, he said the Department of Health and Human Services was poised to “stand in the shoes” of those states that decided to let the federal government run their insurance portals.
The case takes a nuanced look at legislative intent, but the stakes could not be broader for Mr. Obama’s signature domestic achievement.
Yanking away subsidies from about three dozen states that decided not to set up exchanges on their own would make joining the markets less attractive. Coming on the heels of serious glitches on the exchanges’ online portals, such a ruling would be another dent.
Attorneys from both sides — and even Judge Friedman himself — said the case is likely to climb the judicial ladder.
“Nobody cares what I say,” the judge quipped.
The exchanges, designed to offer plans to those who don’t have insurance through their employers, began enrollment on Oct. 1, though many users have reported major delays or difficulties in signing up.
Once enrolled, those who earn between 100 percent and 400 percent of the federal poverty level will be eligible for subsidies, an income-based credit that’s calculated by using the second-lowest-cost silver plan available to the enrollee as a baseline.
To strike the tax credits from enrollees in those states would “extinguish” the rights of numerous people who are seeking affordable insurance, Mr. McElvain said.
But Mr. Carvin said the authors of the law tried to give each state “an offer you can’t refuse” by dangling generous subsidies and hoping they would take responsibility for their respective exchanges.
When many states balked, the administration chose to ignore the letter of the law, he said.
Among the seven plaintiffs are business owners from states that opted not to set up an exchange on their own. They say the federal government, by extending subsidies to their states, has exposed them to penalties tied to the law’s employer mandate.
© Copyright 2013 The Washington Times, LLC. Click here for reprint permission.
About the Author
Tom Howell Jr. covers politics for The Washington Times. He can be reached at email@example.com.
- House Speaker John Boehner: It took me 3 to 4 hours to sign up for Obamacare
- Young millennials shun Obamacare, creating risky imbalance
- Almost 1.5 million deemed eligible for Medicaid in October alone: Obama administration
- Federal judge set to decide Obamacare battle over subsidies
- Diagnosis: Health site better, but needs work
Latest Blog Entries
- Calif.: Give 'gift of health' by pledging cash for the uninsured
- Tensions hit boiling point over Obamacare enrollment figures, error rates
- Young, uninsured adults vital to Obamacare are not keen on enrolling: New Harvard poll
- Paul Bunyan and Babe the Blue Ox will promote Obamacare at Mall of America
- HealthCare.gov employs a new look once again
- Activists urge Obama to go rogue, sidestep Congress
- Bill OReilly reminds: Nelson Mandela was a communist
- PRUDEN: British press horrified as London's new mayor dares to proclaim the truth
- Budget negotiators look to federal workers for benefit concessions
- Spike in battlefield deaths linked to restrictive rules of engagement
- New battlefront emerges in war between Republicans, tea party
- 'Hunger Games' delivers Obama's message on income inequality
- GOP launches candidate training: How to talk to women
- KNIGHT: Can the ACLU force Catholic hospitals to perform abortions?
- NAPOLITANO: Pope Francis should be saving souls, not pocketbooks
Independent voices from the The Washington Times Communities
The world impacts us. What happens in our towns, cities, states, country and on this planet makes a difference to us.
Find the latest news and happening that effect those in the Washington D.C., Northern Virginia and Maryland Metro region.
Positive propaganda for a nation in peril.
Happiness is attainable. Morning to night. I love to teach, deal with folks that have an issue and really wish to tackle it and write.
White House pets gone wild!