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Obamacare’s Insurance Subsidies: The U.S. Supreme Court at Stake

February 5, 2015 | FlaglerLive | 2 Comments

The U.S. Supreme Court in March will hear arguments in a case, King v. Burwell, that will decide whether in states like Florida, which do not have health care marketplaces of their own, people ensured under Obamacare may receive federal subsidies. If the Supreme Court rules that the subsidies are illegal, individuals will lose those subsidies, making health care again unaffordable for most, and rendering the health insurance system instituted under the Affordable Care Act almost impossible to sustain.

the live wire flaglerliveLinda Greenhouse writes in The Times: “The court has permitted itself to be recruited into the front lines of a partisan war. Not only the Affordable Care Act but the court itself is in peril as a result. […] It seems counterintuitive to describe a statutory case as having implications as profound as a constitutional one, but this one does. It hasn’t received the attention it deserves, probably because the dispute over phraseology that the case purports to present strikes many people as trivial or, at least, fixable if the court gives the wrong answer. Actually, it’s neither. (Has anyone noticed that the House of Representatives voted on Tuesday for the 56th time to repeal the law?). […] Readers of this column may recall my expression of shock back in November when the court agreed to hear King v. Burwell. A three-judge panel of the federal appeals court in Richmond, Va., had unanimously rejected the challenge to the law, and the plaintiffs’ appeal didn’t meet the normal criteria for Supreme Court review. A defeat for the government — for the public at large, in my opinion — seemed all but inevitable. While I’m still plenty disturbed by the court’s action, I’m disturbed as well by the defeatism that pervades the progressive community. To people who care about this case and who want the Affordable Care Act to survive, I have a bit of advice: Before you give up, read the briefs. (Most, although not all, are available on the website of the American Bar Association. ) Having read them this week, I’m beginning to think for the first time that the government may actually prevail.

[…] So will the Affordable Care Act survive its second encounter with the Roberts court? I said earlier that this case is as profound in its implications as the earlier constitutional one. The fate of the statute hung in the balance then and hangs in the balance today, but I mean more than that. This time, so does the honor of the Supreme Court. To reject the government’s defense of the law, the justices would have to suspend their own settled approach to statutory interpretation as well as their often-stated view of how Congress should act toward the states.” See the full column.

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Reader Interactions

Comments

  1. Lancer says

    February 12, 2015 at 10:48 am

    “Unaffordable for most” of whom? The participants of 0bamacare? 85% of those on 0bamacare are subsidized by taxPAYERs.

    Plus, premium payments have risen…strictly because of the medical history provisions that were outlawed.

    The insurance company’s having their losses subsidized by taxPAYERS which wasn’t explained to the American people.

    Then, the slight of hand as lawmakers, who passed this dog excrement, told the people “it wasn’t a tax”. However, after it passed and was being debated in the Supreme Court…it was argued it WAS a tax.

    Later, we Goober Gruber’s comments that said it was passed based on lies, fraud and misconceptions and thanked the “stupidity of the American (democrat) voter.”

    There is NOTHING about 0bamacare/ ACA that is good, flaglerlive. We were told, for decades, that 40 to 50 million didn’t have healthcare in the USA…and what’s the enrollment of the program? We were told it would cost one thing…the realistic costs have more than doubled! What’s the cost per enrollee?? It’s ridiculous. How many lost their insurance, lost their doctors and had their premiums increased, flaglerlive??? The federal government doesn’t have a history of managing programs well…social security, medicare, entitlement programs….they are an abysmal mess.

    You keep trying to shine this turd, but it’s still a turd.

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  2. bob says

    February 13, 2015 at 9:24 pm

    obamacare is uncostitutional and only helps the people with low income and it needs
    to be outlawed it is a disgrace where the government has to intervene in your life.
    it was shoved down the american peoples throat not knowing what it was about.
    the many lies that prevade with obama and his lying liberals destroying our country.

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