Supreme Court Upholds Obamacare Subsidies
The Supreme Court has upheld the constitutionality of Affordable Care Act state exchange subsidies, effectively ending plausible court challenges to Obamacare.
The vote was 6-3, with Justices Roberts, Sotomayor, Kagan, Stevens, Kennedy, and Ginsburg voting to uphold the act.
The New York Times summarizes the case:
The case concerned a central part of the Affordable Care Act, Mr. Obama’s signature legislative achievement. The law created marketplaces, known as exchanges, to allow people who lack insurance to shop for individual health plans.
Some states set up their own exchanges, but about three dozen allowed the federal government to step in to run them. Across the nation, about 85 percent of customers using the exchanges qualify for subsidies to help pay for coverage, based on their income.
The question in the case, King v. Burwell, No. 14-114, was what to make of a phrase in the law that seems to say the subsidies are available only to people buying insurance on “an exchange established by the state.”
Four plaintiffs, all from Virginia, sued the Obama administration, saying the phrase meant that the law forbids the federal government to provide subsidies in states that do not have their own exchanges. Congress made the distinction, they said, to encourage states to create their own exchanges.
The plaintiffs challenged an Internal Revenue Service regulation that said subsidies were allowed whether the exchange was run by a state or by the federal government. They said the regulation was at odds with the Affordable Care Act.
Lawyers for the administration said the balance of the law demonstrated that Congress could not have intended to limit the subsidies. Accepting the plaintiffs’ position, the lawyers said, would affect more than six million people and create havoc in the insurance markets.
They added that the phrase, noticed by almost no one until long after the law was enacted, was a curious way to encourage states to establish exchanges.
In July, the United States Court of Appeals for the Fourth Circuit, in Richmond, Va., ruled against the challengers.
Judge Roger L. Gregory, writing for a three-judge panel of the court, said the contested phrase was “ambiguous and subject to multiple interpretations.” That meant, he said, that the I.R.S. interpretation was entitled to deference.
Copyright 2015 Liberaland
By: dave-dr-gonzo
David Hirsch, a.k.a. Dave "Doctor" Gonzo*, is a renegade record producer, video producer, writer, reformed corporate shill, and still-registered lobbyist for non-one-percenter performing artists and musicians. He lives in a heavily fortified compound in one of Manhattan's less trendy neighborhoods.
* Hirsch is the third person to use the pseudonym, a not-so-veiled tribute to journalist and author Hunter S. Thompson, with the permission of his predecessors Gene Gaudette of American Politics Journal (currently webmaster and chief bottlewasher at Liberaland) and Stephen Meese at Smashmouth Politics.
arc99 June 25th, 2015 at 10:22
Note the 3 justices who dissented.
Note the President who nominated them.
Note the idiocy of thinking it does not matter whether a Republican or Democrat occupies the Oval Office.
Today is a great day. So get off your a$$es on election day 2016 and let’s keep the great days coming for a long, long time.
Larry Schmitt June 25th, 2015 at 11:38
I tell people that every chance I get. Too many still can’t be bothered.
mea_mark June 25th, 2015 at 10:22
I bet there are a lot of republican leaders that are secretly happy about this. If it had gone the other way they would of had to fix obamacare through legislation and that would have angered their political base. This way they don’t have to do anything and can still talk bad about obamacare and say what their base wants to hear.
Larry Schmitt June 25th, 2015 at 11:19
That whole “repeal and replace” was a load of crap, since they had no ideas on what to replace it with.
Foundryman June 25th, 2015 at 12:19
That’s just it, their plan was to not replace it with anything.
Roctuna June 25th, 2015 at 12:37
They could have replaced it with that plan put forward by the Heritage Foundation a few years ago. I hear a republican governor successfully implemented it in Massachusetts. Oh wait….
Dwendt44 June 25th, 2015 at 20:09
the only alternative the Wacky right has come up with is their “I don’t Care” plan.
Chinese Democracy June 25th, 2015 at 21:58
Republican Senator — so we have a plan to replace Obamacare
Reporter– what are the details?
Republican Senator — *crickets*
Suzanne McFly June 25th, 2015 at 10:25
This is wonderful and also a fair housing decision was also voted on and it was in favor of civil rights. It is a good day.
NW10 June 25th, 2015 at 10:26
http://i0.kym-cdn.com/photos/images/facebook/000/432/322/50b.png
William June 25th, 2015 at 10:29
Oh Yeah
Larry Schmitt June 25th, 2015 at 11:23
Mad as in crazy.
Snick1946 June 25th, 2015 at 10:27
Meanwhile over on Yahoo news comments, heads are exploding. Lots of posts in all caps, name calling. I love it!
whatthe46 June 25th, 2015 at 17:27
lol
labman57 June 25th, 2015 at 10:27
First the Confederate flag being dumped by Southern states and major retailers … and now this.
Social conservatives will need the ACA, as many of them would otherwise be unable to get their ulcers treated.
Roctuna June 25th, 2015 at 12:38
Ulcers maybe, but I don’t think exploding heads are covered under anybody’s plan.
Robert Kennedy June 25th, 2015 at 14:23
No, but insanity is and it’s something anyone who votes Republican would qualify for.
dave-dr-gonzo June 25th, 2015 at 15:12
Covered under Obamacare:
http://www.americanpolitics.com/freeperheadexplode.gif
dave-dr-gonzo June 25th, 2015 at 15:14
Covered under Obamacare:
whatthe46 June 25th, 2015 at 17:27
ahhhh they removed the exploding head. i tried to comment
whatthe46 June 25th, 2015 at 14:59
hee hee hee hee!!!!!!!!!
William June 25th, 2015 at 10:28
Does this mean Limbaugh is finally moving to Costa Rica, like he promised?
Anyway, please join me in a toast.
arc99 June 25th, 2015 at 10:32
Raising my cup of French Roast – black no sugar.
still only about 7:30am here on the west coast.
jasperjava June 25th, 2015 at 11:50
A man who loves his coffee. What can I say.
“Dap”, Bro.
whatthe46 June 25th, 2015 at 14:59
lol
eyelashviper June 25th, 2015 at 12:26
I like Costa Rica, and wouldn’t wish Rush on any such a place.
Chinese Democracy June 25th, 2015 at 21:55
lol I was thinking the same thing… great minds and all that
whatthe46 June 25th, 2015 at 14:59
man that’s a nice looking bottle. lol
Pilotshark June 25th, 2015 at 10:33
Oh Happy Day`s are here again for the millions whose days would not have been so Happy!
allison1050 June 25th, 2015 at 10:43
The tpuks have already spent 24 million plus how much additional with this lawsuit??
rg9rts June 25th, 2015 at 10:44
Disqus is wonky….OMG Roberts …What is the world coming to…FAUX will launch an impeach Roberts as we speak
allison1050 June 25th, 2015 at 10:45
probably
mea_mark June 25th, 2015 at 10:49
Disqus has been wonky for a few days now, at least for me. Side bar doesn’t work at all today. It just opens up new window now.
Hirightnow June 25th, 2015 at 11:17
I get the same thing on occasion.
whatthe46 June 25th, 2015 at 14:50
well, i still can’t attach anything. darnit.
William June 25th, 2015 at 10:50
So lets review kids.
The ACA was passed by the legislature.
The ACA was signed into law by the duly elected President of these United States.
The ACA was upheld by the highest court in the land TWICE.
The ACA survived some 60 votes to repeal it (I’ve actually lost count).
The ACA was reaffirmed by the re-election of the president who championed it
But soon, very soon someone will chime in from Gooberville with
tracey marie June 25th, 2015 at 11:00
fox slop is now raging…they say it is imperative to elect a conservative President to repeal the ACA. The right is going to lose the WH and the Senate in the next election as well as several seats in congress.
William June 25th, 2015 at 11:07
Faux muse. Come for the upskirts stay for the rage.
There is actually a facebook sight called “I Watch FoxNews For the Rage & Upskirts
”
I’m looking at it now and cannot stop laughing.
fahvel June 25th, 2015 at 13:13
goodness, the entire old world hopes you are right!!!!!!!!!
bushputz June 25th, 2015 at 14:39
Obvious fake – there’s no way this person could spell ‘constitutional’ correctly…
Anomaly 100 June 25th, 2015 at 11:06
Neener on Ted Cruz!
tracey marie June 25th, 2015 at 11:27
Rand is saying it is still his mission to get rid of the ACA and he looks forward to making a better HC law…yeah right. Now he is saying it is illegal to buy inexpensive insurance. BWAHAHA
robert June 25th, 2015 at 12:06
we the people,who are the real government.ovomitcare is a tax,no taxation without representation,and its unconstitituional.like the ineligible treasonous war crimes racist muslum traitor in the wh.and his treasonous adminstration.any unconstitituional law is not a law,and we will not comply.we are constitituional correct not politically inept.god bless all legal american veterans/citizens
Larry Schmitt June 25th, 2015 at 12:11
I think you’re lost. Breitbart is thataway. (points right)
Hirightnow June 25th, 2015 at 12:24
Maybe you should take up arms against the government,huh? That should end well…
William June 25th, 2015 at 13:15
Good idea.
whatthe46 June 25th, 2015 at 14:31
you’re on time as always.
wpadon June 25th, 2015 at 13:22
With Nugent’s history, the worse he would do is crap himself in protest.
jybarz June 25th, 2015 at 12:25
Waaawaawaaa…..Waaawaawaaa….Waaawaawaaa Waaawaawaaa
Hirightnow June 25th, 2015 at 12:27
The RW blogosphere right now…</a?
whatthe46 June 25th, 2015 at 14:29
that was hilarious!!!!!!
Hirightnow June 25th, 2015 at 16:50
It was all I could think of once I started reading some of their posts.
whatthe46 June 25th, 2015 at 17:27
lol. and perfect.
eyelashviper June 25th, 2015 at 12:25
Here, take this and apply LIBERALLY…
http://i.imgur.com/D16AOFA.png
dave-dr-gonzo June 25th, 2015 at 15:10
Notice that Dr. Butthurt and Alan Colmes wear the same style of glasses.
Roctuna June 25th, 2015 at 12:44
You’re joking with us right? You are familiar with capitalization and punctuation? Those 5 lines are some of the dumbest lines ever posted on this site. I refer you to William’s post below for a review of the legality and constitutionality.
whatthe46 June 25th, 2015 at 14:25
well, he’s taking a page from huckafuk, ignore the constitution and the supreme court.
William June 25th, 2015 at 12:48
The ACA was upheld twice by the supreme court of the United States.
How can you get any more constitutional than that?
Chinese Democracy June 25th, 2015 at 13:44
too funny
whatthe46 June 25th, 2015 at 14:21
love it.
fahvel June 25th, 2015 at 13:11
and thomas didn’t understand a thing as per usual.
Roctuna June 25th, 2015 at 13:55
I don’t think Thomas’s post should’ve been deleted! It was a classic!
tracey marie June 25th, 2015 at 18:02
what did i miss?
whatthe46 June 25th, 2015 at 18:11
lol. it sounded like a kid that just entered the room… the exploding head.
Roctuna June 25th, 2015 at 21:18
I don’t know who deleted it but it was a continuous string of lower case, w/o punctuation, that managed to catch all the leading rwnj memes in 5 lines w/o any significant vulgarity yet was tasteless and repulsive.
tracey marie June 25th, 2015 at 21:19
A typical troll.
StoneyCurtisll June 25th, 2015 at 20:58
Thomas seems to be the deaf mute Justice..:)
Larry Schmitt June 25th, 2015 at 21:16
Isn’t he always?
whatthe46 June 25th, 2015 at 22:29
he’s an ass…
craig7120 June 25th, 2015 at 14:07
Far out!
Now the gop has a ’16 campaign mission that has some teeth, Repeal Health Care!
It’s almost as golden as their campaign promise to gut Social Security
Is it wrong of me to sit back and watch the gop do all the heavy lifting?
Hirightnow June 25th, 2015 at 16:48
Only if you don’t share your popcorn.
Roctuna June 25th, 2015 at 15:39
Scalia and all the pols and pundits who are in anguish today remind me of the phrase cafeteria christian. They love to pick and choose their dogma. They’re fundies and literalists, or constitutional textualists as Scalia claims to be, when they want to and it suits their moral or political needs. Yet they’re willing to accept the broadest possible interpretations when it comes to the 2ndA, support for undeclared wars, “corporations are people” and other right-wing positions.
Roctuna June 25th, 2015 at 15:57
This from The Blaze. NOW I understand. We should have known.
http://www.theblaze.com/contributions/was-supreme-court-justice-john-roberts-blackmailed/
Tim Coolio June 25th, 2015 at 16:28
That’s the change I voted for, I LIKE MY CHANGE!
the ACA just took a step closer to becoming like
Medicare, healthcare is now a right for all!
and republicans, you people can kiss my liberal
you know what!
Rocky the Liberal Rottweiler June 25th, 2015 at 16:59
Scalia’s insulting, adolescent attacks on anyone who disagrees with him are an affront to the Court and to the United States of America–and clearly the man should be tested for old age dementia.