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Obamacare: Obama just straight up lied to you, in your face (5 Viewers)

In a 2-1 vote, a panel of judges on the U.S. Circuit Court of Appeals for the District of Columbia rejected the Obama administration's argument that the problem was triggered by imprecise language in the complex law and that Congress had always intended to offer the subsidies nationwide to low- and middle-income people who bought insurance through one of the state or federal health exchanges created under the law.

As written, the law states that subsidies should be paid to those who purchase insurance through an "exchange established by the state."

That would seem to leave out the 36 states in which the exchanges are operated by the federal government.

Lawyers and congressional staffers who worked on the 2010 law have described the problem as a classic wording glitch in a long and complicated piece of legislation.
http://www.latimes.com/nation/nationnow/la-na-nn-court-obamacare-subsidies-20140711-story.html

Seems as though Obamacare subsidies are squarely in the hands of the SC. They upheld the law (overall) in the first place, so it will be interesting to see how they rule here. I'd suspect they overturn the wording glitch, but we'll have to see.
Keep in mind Roberts - and a majority of the rest of the court - said it failed to meet the Commerce Clause but upheld it as a tax. I think Roberts, Kennedy, and maybe even Breyer, reel it back on this one. Technically they won't be overturning the ACA just cutting it back.

One of the DC justices voted to uphold, and I am guessing Sotomayor and Ginsburg will too at a mimimum (Kagan had to recuse herself last time), but I have a hard time understanding the argument how state run exchanges gets converted into 'federal run' exchanges outside of 'the president can rewrite any law he likes however he likes.'

 
In a 2-1 vote, a panel of judges on the U.S. Circuit Court of Appeals for the District of Columbia rejected the Obama administration's argument that the problem was triggered by imprecise language in the complex law and that Congress had always intended to offer the subsidies nationwide to low- and middle-income people who bought insurance through one of the state or federal health exchanges created under the law.

As written, the law states that subsidies should be paid to those who purchase insurance through an "exchange established by the state."

That would seem to leave out the 36 states in which the exchanges are operated by the federal government.

Lawyers and congressional staffers who worked on the 2010 law have described the problem as a classic wording glitch in a long and complicated piece of legislation.
http://www.latimes.com/nation/nationnow/la-na-nn-court-obamacare-subsidies-20140711-story.html

Seems as though Obamacare subsidies are squarely in the hands of the SC. They upheld the law (overall) in the first place, so it will be interesting to see how they rule here. I'd suspect they overturn the wording glitch, but we'll have to see.
Keep in mind Roberts - and a majority of the rest of the court - said it failed to meet the Commerce Clause but upheld it as a tax. I think Roberts, Kennedy, and maybe even Breyer, reel it back on this one. Technically they won't be overturning the ACA just cutting it back.

One of the DC justices voted to uphold, and I am guessing Sotomayor and Ginsburg will too at a mimimum (Kagan had to recuse herself last time), but I have a hard time understanding the argument how state run exchanges gets converted into 'federal run' exchanges outside of 'the president can rewrite any law he likes however he likes.'
In fairness, haven't you struggled with administrative law and how it works for years now?

 
We might really be able to screw millions out of health insurance!!!! Keep the dream alive!
Seems like Obama and his puppets in the Senate and House screwed everyone. Probably should have paid more attention to what was written and make sure to cross your "T"s and dot your "i"s instead of ramming it thru in the middle of the night.

This is all on the Democrats.

 
We might really be able to screw millions out of health insurance!!!! Keep the dream alive!
Seems like Obama and his puppets in the Senate and House screwed everyone. Probably should have paid more attention to what was written and make sure to cross your "T"s and dot your "i"s instead of ramming it thru in the middle of the night.

This is all on the Democrats.
But they needed to pass it before they could find out what was in it.

 
In a 2-1 vote, a panel of judges on the U.S. Circuit Court of Appeals for the District of Columbia rejected the Obama administration's argument that the problem was triggered by imprecise language in the complex law and that Congress had always intended to offer the subsidies nationwide to low- and middle-income people who bought insurance through one of the state or federal health exchanges created under the law.

As written, the law states that subsidies should be paid to those who purchase insurance through an "exchange established by the state."

That would seem to leave out the 36 states in which the exchanges are operated by the federal government.

Lawyers and congressional staffers who worked on the 2010 law have described the problem as a classic wording glitch in a long and complicated piece of legislation.
http://www.latimes.com/nation/nationnow/la-na-nn-court-obamacare-subsidies-20140711-story.html

Seems as though Obamacare subsidies are squarely in the hands of the SC. They upheld the law (overall) in the first place, so it will be interesting to see how they rule here. I'd suspect they overturn the wording glitch, but we'll have to see.
Keep in mind Roberts - and a majority of the rest of the court - said it failed to meet the Commerce Clause but upheld it as a tax. I think Roberts, Kennedy, and maybe even Breyer, reel it back on this one. Technically they won't be overturning the ACA just cutting it back.

One of the DC justices voted to uphold, and I am guessing Sotomayor and Ginsburg will too at a mimimum (Kagan had to recuse herself last time), but I have a hard time understanding the argument how state run exchanges gets converted into 'federal run' exchanges outside of 'the president can rewrite any law he likes however he likes.'
In fairness, haven't you struggled with administrative law and how it works for years now?
Ha, yes, that's possible. I'm not real thrilled with the rule making process in general. Granted.

ETA: This pretty much seems to be the dissent's / administration's position (J. Edwards dissenting):

Appellants’ argument unravels, however, when the phrase “established by the State” is subject to close scrutiny in view of the surrounding provisions in the ACA. See Brown & Williamson, 529 U.S. at 132(“The .. . ambiguity . . . of certain . . . phrases may only become evident when placed in context.”).In particular, §36Bhas no plain meaning when read in conjunction with § 18031(d)(1) and § 18041©.And, more fundamentally, the purported plain meaning of §36B(b)would subvert the careful policy scheme crafted by Congress, which understood when it enacted the ACA that subsidies were critically necessary to ensure that the goals of the ACA could be achieved. Simply put, §36B(b) interpreted as Appellants urge would function as a poison pill to the insurance markets in the States that did not elect to create their own Exchanges. This surely is not what Congress intended.

Perhaps because they appreciate that no legitimate method of statutory interpretation ascribes to Congress the aim of tearing down the very thing it attempted to construct, Appellants in this litigation have invented a narrative to explain why Congress would want health insurance markets to fail in States that did not elect to create their own Exchanges. Congress, they assert, made the subsidies conditional in order to incentivize the States to create their own exchanges. This argument is disingenuous, and it is wrong. Not only is there no evidence that anyone in Congress thought § 36B operated as a condition, there is also no evidence that any State thought of it as such. And no wonder: The statutory provision presumes the existence of subsidies and was drafted to establish a formula for the payment of tax credits, not to impose a significant and substantial condition on the States. It makes little sense to think that Congress would have imposed so substantial a condition in such an oblique and circuitous manner.
So basically it's not to be enforced because Congress never would have put something in which would gut the program. They believed that the states would be setting up the exchanges not the feds, the fact that it ended up the opposite should not stop the bill from taking effect - despite the letter of the law.

Congress made the wrong assumption apparently. I'd be curious why they did make such a distinction, it seems to me they did indeed intend it, if it wasn't to incentivize the states then what was the reason for the distinction in the law? Pure accident? Incompetence? I don't think Edwards comes up with anything better.

I think one possibility is that Democratic Senators like Nelson wanted to go back to their states and say that hey if they didn't want an exchange they wouldn't have to have one. Edwards doesn't really consider that.

 
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By the way I was having a conversation with a group of friends, two of whom are very liberal Obama supporters. One of them told me she was riding on her moped following a friend, got distracted, and ran into the back of her friend's bike. She hit her face on the handlebars, and ended up with some fractured small bones in her cheek.

So she has ACA/Obamacare, which she had signed up for with great glee (she works at Whole Foods). Much to her surprise her deductible and coverage did not handle the surgery, it's in the $4000 range.

 
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We might really be able to screw millions out of health insurance!!!! Keep the dream alive!
Seems like Obama and his puppets in the Senate and House screwed everyone. Probably should have paid more attention to what was written and make sure to cross your "T"s and dot your "i"s instead of ramming it thru in the middle of the night.

This is all on the Democrats.
Or is it on the Gov of the states that refuse to put the plan in action? The states that do have it seem to be doing well. An example of that liberal state of Kentucky and how well ACA is doing in that state?

 
We might really be able to screw millions out of health insurance!!!! Keep the dream alive!
Seems like Obama and his puppets in the Senate and House screwed everyone. Probably should have paid more attention to what was written and make sure to cross your "T"s and dot your "i"s instead of ramming it thru in the middle of the night.

This is all on the Democrats.
Or is it on the Gov of the states that refuse to put the plan in action? The states that do have it seem to be doing well. An example of that liberal state of Kentucky and how well ACA is doing in that state?
Nope. Squarely on the Democrats. The language was there for States to opt out. Hence all the incentives by Obama to coerce states to implement this colossal failure. The smart states didn't take the stinky bait.

 
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We might really be able to screw millions out of health insurance!!!! Keep the dream alive!
Seems like Obama and his puppets in the Senate and House screwed everyone. Probably should have paid more attention to what was written and make sure to cross your "T"s and dot your "i"s instead of ramming it thru in the middle of the night.

This is all on the Democrats.
Or is it on the Gov of the states that refuse to put the plan in action? The states that do have it seem to be doing well. An example of that liberal state of Kentucky and how well ACA is doing in that state?
Giving them an option seems to be the fatal flaw here :shrug: Given what we've seen from this Congress the last 8 years, I find it hard to believe that "trust them to do the right thing" was really the approach they thought would work, but it seems I was wrong.

 
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Well, that didn't last long—roughly two hours after a D.C. circuit court panel ruled that Obamacare does not allow subsidies in federally-run exchanges, a panel in the Fourth Circuit Court of Appeals, located in Virginia, has unanimously ruled that Obamacare does allow such subsidies.

If you're keeping score at home, that means three courts have ruled that Obamacare does allow subsidies in federally-run exchanges and one has not.

http://www.dailykos.com/story/2014/07/22/1315782/-Second-Obamacare-ruling-of-day-upholds-exchanges

But seriously. This is why they have been packing conservatives on the bench for. 5-4 wins at the Supreme court. Supreme court will bat their eyes and say its up to congress to fix the legislation. KNOWING the wingbats in the house will never let it happen.

Millions get abandoned from the health care system. Conservatives have themselves a nice chuckle over a brandy during the holidays.

I haven't met one conservative that can even FAKE giving a crap about people without healthcare. Even conservatives without healthcare will vote against it. It's amazing. They renamed it Kynnect in Kentucky and all of a sudden it was awesome.

I admit it. It's hard not to admire their hardcoreness a little bit. They must be made of stone.

 
Well, that didn't last long—roughly two hours after a D.C. circuit court panel ruled that Obamacare does not allow subsidies in federally-run exchanges, a panel in the Fourth Circuit Court of Appeals, located in Virginia, has unanimously ruled that Obamacare does allow such subsidies.

If you're keeping score at home, that means three courts have ruled that Obamacare does allow subsidies in federally-run exchanges and one has not.

http://www.dailykos.com/story/2014/07/22/1315782/-Second-Obamacare-ruling-of-day-upholds-exchanges

But seriously. This is why they have been packing conservatives on the bench for. 5-4 wins at the Supreme court. Supreme court will bat their eyes and say its up to congress to fix the legislation. KNOWING the wingbats in the house will never let it happen.

Millions get abandoned from the health care system. Conservatives have themselves a nice chuckle over a brandy during the holidays.

I haven't met one conservative that can even FAKE giving a crap about people without healthcare. Even conservatives without healthcare will vote against it. It's amazing. They renamed it Kynnect in Kentucky and all of a sudden it was awesome.

I admit it. It's hard not to admire their hardcoreness a little bit. They must be made of stone.
You serious? That's some drama-queen, hyperbole spewing nonsense you got going on here.

Your team ####ed up royally by trying to ram this down everyone's throat's in the dead of the night when people weren't paying attention and you want to pin it on the GOP? Seriously? Maybe they should have read what was written first.

This is all on the Democrats.

And if anyone has "packed" the courts, it's been Obama and Team left. It's not like it's exclusive to the GOP.

Also, everyone knows this was always going to SCOTUS, regardless of the scorecard you got going on there.

 
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We might really be able to screw millions out of health insurance!!!! Keep the dream alive!
Seems like Obama and his puppets in the Senate and House screwed everyone. Probably should have paid more attention to what was written and make sure to cross your "T"s and dot your "i"s instead of ramming it thru in the middle of the night.

This is all on the Democrats.
Or is it on the Gov of the states that refuse to put the plan in action? The states that do have it seem to be doing well. An example of that liberal state of Kentucky and how well ACA is doing in that state?
And I think this is why the Senate Democrats who needed to be persuaded wanted this language in. So they could go back and say hey no one forced anything on you (or 'us' as a country). If they had to go back and say it would be thrust on their state they may have never voted for it.

 
As hardcore as I am in my beliefs on the ACA, which are very well documented in this thread - this subsidy this (the wording mix-up or whatever you want to call it) is just stupid.

If you actually price insurance where it should be priced with guaranteed issue and no pre-ex limits (39% or 41% higher on average than it used to be the only two studies that have been posted here have shown) of course a huge chunk of the population won't be able to afford it without the aid of these subsidies. Anyone who thought that the ACA was actually going to make the cost of the coverage itself (unsubsidized, I mean the actual cost of the coverage) decrease was only fooling themselves.

 
Well, that didn't last long—roughly two hours after a D.C. circuit court panel ruled that Obamacare does not allow subsidies in federally-run exchanges, a panel in the Fourth Circuit Court of Appeals, located in Virginia, has unanimously ruled that Obamacare does allow such subsidies.

If you're keeping score at home, that means three courts have ruled that Obamacare does allow subsidies in federally-run exchanges and one has not.

http://www.dailykos.com/story/2014/07/22/1315782/-Second-Obamacare-ruling-of-day-upholds-exchanges

But seriously. This is why they have been packing conservatives on the bench for. 5-4 wins at the Supreme court. Supreme court will bat their eyes and say its up to congress to fix the legislation. KNOWING the wingbats in the house will never let it happen.

Millions get abandoned from the health care system. Conservatives have themselves a nice chuckle over a brandy during the holidays.

I haven't met one conservative that can even FAKE giving a crap about people without healthcare. Even conservatives without healthcare will vote against it. It's amazing. They renamed it Kynnect in Kentucky and all of a sudden it was awesome.

I admit it. It's hard not to admire their hardcoreness a little bit. They must be made of stone.
There's definitely some judicial editorializing there.

What they may not do is rely on our help to deny to millions of Americans desperately - needed health insurance through a tortured, nonsensical construction of a federal statute whose manifest purpose, as revealed by the wholeness and coherence of its text and structure, could not be more clear.
This reminds me of Edwards' dissent in the DC case, basically saying they supported the bill therefore it must survive no matter the letter of the law.

Out of curiosity what are the other two decisions?

The DC case ensures this goes to the USSC, so you're right on that.

 
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http://talkingpointsmemo.com/edblog/corruption

If you're looking for a silver lining to this morning's ruling dealing a major blow to Obamacare (or rather a major blow to people getting subsidized policies in the states that didn't adopt exchanges), look to the full DC Circuit Court. Given its present make-up (helped along mightily by breaking the filibuster logjam) it seems highly, highly likely that the full DC Circuit will reverse this ruling. The problem is that the question then moves to the Supreme Court, which seems quite likely - given recent decisions - to turn it back again to some version of today's decision. In other words, at some point in the future it seems quite likely that the Supreme Court will gets its opportunity to gut the bill.

I say 'corruption' in the headline above because there is a point after which activist partisanship becomes so extreme that it amounts to corruption, in some ways more damaging than the venal or monetary corruption we normally imagine when we use the word. Corruption, in its original meaning, refers to rot, remember. And that is what we have here in spades.

The three judge panel has looked at a single clause which on its face does refer to exchanges set up by states. But to draw the conclusion it has, in this restrictive sense, you have to ignore the entirety of the rest of the statute, which clearly looks to a system in which the same subsidy regime would operate regardless of who set up the exchange. This is clear explicitly at some points and implicitly throughout. You also have the clear intent - stated now but more importantly stated by all at the time - that the law was intended to have the same subsidy regime for all exchanges.

Any suggestion that the law was intended to do anything else is absurd on its face.

But the two judges ruling in the majority in this case are essentially saying, "Who cares? You should have written this one sentence more clearly. End of story." And there's one tenet of statutory construction that says that's all you have to do. There are numerous others that point in the other direction.

As David says, maybe it is the Mother of All Drafting Errors, though I think you only get to that conclusion if you assume the judges enter the question as advocates against the law. Alas, that seems to be the case.

The subsidies for Americans in 36 states now look clearly to be at the tender mercies of the conservative majority on the Supreme Court. Now unless SCOTUS chooses to make what would clearly be an activist partisan decision of a pretty high order, all will be fine. But, c'mon, look who we're talking about.

It's only fair to say that John Roberts surprised everyone two years ago when he sided with the Court's liberal wing in upholding the individual mandate, viewed as a tax. But the 5 now have all they need to do major damage to the law.

 
This reminds me of Edwards' dissent in the DC case, basically saying they supported the bill therefore it must survive no matter the letter of the law.
I don't think that's what anybody's saying.

Much like the Hobby Lobby case, this is a matter of statutory construction. The court will not construe what amounts to a typo literally, but will give effect to the underlying purpose of a statute. The question in this case is whether the statutory language in question was more like a typo or more like an accurate representation of the underlying purpose.

Note: I have not read any of the judicial opinions in any of these cases. I'm going by headlines, basically. But I am confident that no judge would say that Congressional support for a bill means that, once it becomes law, it must "survive" (whatever that means in this context) no matter what it says.

 
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This reminds me of Edwards' dissent in the DC case, basically saying they supported the bill therefore it must survive no matter the letter of the law.
I don't think that's what they're saying.

Much like the Hobby Lobby case, this is a matter of statutory construction. The court will not construe what amounts to a typo literally, but will give effect to the underlying purpose of a statute. The question in this case is whether the statutory language in question was more like a typo or more like an accurate representation of the underlying purpose.

Note: I have not read any of the judicial opinions in any of these cases. I'm going by headlines, basically. But I am confident that no judge would say that Congressional support for a bill means that, once it becomes law, it must "survive" (whatever that means in this context) no matter what it says.
I was being a little sarcastic there. I do read the arguments in both cases (dissent in DC and majority in 4th) to say that Congress never would have created a poison pill that would kill their own law.

However if the assumption that the math would be the opposite, that the states would be creating the exchanges and that this provision for the subsidies would be an incentive, then that's not really true. In that case it would not have been a poison pill at all.

Also (and I don't think courts get into this) it seems very much to me that Demo Senators wanted exactly that provision because they could fully claim their states could opt out if they chose, allowing them to keep their cake even while they were eating it.

 
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I just thought this was a good post from the Kos discussion:
Careful celebrating the Fourth's Appellate decision too quickly. Many have dismissed the entire subsidy question as nonsensical, and I believe they are incorrect in that position. This is not to say that the courts should/will not ultimately uphold the IRS regulations. But, the question is very legitimate due to the ambiguity in the ACA's wording and the decision celebrated in this diary seems to support this.The decision states:

Having examined the plain language and context of the most relevant statutory sections, the context and structure of related provisions, and the legislative history of the Act, we are unable to say definitively that Congress limited the premium tax credits to individuals living in states with state-run Exchanges. We note again that, on the whole, the defendants have the better of the statutory construction arguments, but that they fail to carry the day. Simply put, the statute is ambiguous and subject to at least two different interpretations. As a result, we are unable to resolve the case in either party's favor at the first step of the Chevron analysis.

and

As explained, we cannot discern whether Congress intended one way or another to make the tax credits available on HHS facilitated Exchanges.

I.e., this is not an "open and shut" case as many have purported over the months. This court found it necessary to move to the second test of Chevron because (and I'm paraphrasing here:) the ACA is ####ed up in the details.

Also, note that earlier this opinion includes:

Additionally, we note that the Supreme Court has recently reiterated the admonition that courts avoid revising ambiguously drafted legislation out of an effort to avoid "apparent anomal[ies]" within a statute. Michigan v. Bay Mills Indian Cmty., No. 12-515, 572 U.S. _, _, slip op. at 10 (May 27, 2014).

(BTW, this was a 5-4 opinion authored by Justice Kagen with Scalia, Thomas, Ginsburg, and Alito dissenting and was only issued recently so hasn't had much exposure to interpretation.) I've not looked at this case, but I assume this court correctly quoted and summarized that aspect of it.

The second Cheveron test requires the court deciding if they should defer to an agencies interpretation of an ambiguous statute because such an interpretation is "permissible" under the statute. This decision makes a good argument for such deference, but decisions on granting such deference is much more subject to interpretation of a particular court or panel.

Interestingly, although little discussed, if even ONE Senator who agreed not to filibuster the ACA did so relying on the interpretation that a state could opt out -- including from penalties on employers not offering compliant insurance and residents not buying such insurance -- simply by not establishing an exchange, the bill would not have succeeded. It's not relevant if the other 59 failed to spot or base their decision on the opt-out clause.

If forced to make a bet, I'd make an even money wager that SCOTUS will strike down the IRS's interpretation on the theory that the legislative process is free to amend the ACA to match the IRS's interpretation but as currently enacted, the IRS's regulations don't conform to the ACA and are not permissible under it. This is not a case, as far as I can tell, where the SCOTUS is compelled to make a decision on which of two conflicting statutes is overriding (where disruptive ambiguity would remain if the legislative process doesn't resolve it) or because it's a Constitutional issue (which, of course, the legislative process can't override via statute). But, like most people betting on Supreme Court decisions, if I actually made such wagers I'd probably be penniless.
 
http://talkingpointsmemo.com/edblog/corruption

...

As David says, maybe it is the Mother of All Drafting Errors, though I think you only get to that conclusion if you assume the judges enter the question as advocates against the law. Alas, that seems to be the case.

...

It's only fair to say that John Roberts surprised everyone two years ago when he sided with the Court's liberal wing in upholding the individual mandate, viewed as a tax. But the 5 now have all they need to do major damage to the law.
Prof. Jost has written, and we agree, that the statutory eligibility rules for the ACA’s premium-assistance tax credits “clearly say” that eligibility “depends on the applicant being enrolled in a qualified health plan ‘through an Exchange established by the State.’” The rules employ that restrictive phrase nine times, without deviation. Since the Act explicitly ties its cost-sharing subsidies, employer-mandate penalties, and (in many cases) individual-mandate penalties to the availability of these tax credits, it therefore also authorizes those provisions only in states that establish Exchanges.
This condition was not a fluke or a drafting error. Congress routinely conditions individual entitlements to health-insurance subsidies (including refundable tax credits) on state cooperation with federal requirements – see, for example, Medicaid, the State Children’s Health Insurance Program (SCHIP), and the Health Coverage Tax Credit – and the remainder of the ACA and its legislative history are fully consistent with this condition. In the ACA’s legislative history, both Republicans and Democrats introduced legislation conditioning various subsidies on states establishing an Exchange. This brief provides examples.

Of note, the Health, Education, Labor, and Pensions Committee reported to the full Senate a bill that withheld subsidies from a state’s residents for four years if the state failed to establish an Exchange, and permanently withheld Exchange subsidies if the state failed to implement the bill’s employer mandate. The Finance Committee approved and reported to the full Senate the ACA’s language, which clearly, categorically, and permanently withholds tax credits in states that fail to establish an Exchange.
Before the House approved the ACA, a group of House Democrats actually complained about this feature. They likened the Senate-passed ACA’s Exchange provisions to another program that conditions individual entitlements on state action (SCHIP). They warned that hostile states could block their residents from receiving “any benefit” by refusing to establish an Exchange, just as some states denied their residents the benefits of the just-passed Children’s Health Insurance Program Reauthorization Act of 2009 by refusing to participate.

To help overcome such resistance, Prof. Jost and 50 other health policy experts wrote a letter to House Democrats. They agreed the ACA was “imperfect,” yet urged the House to pass it anyway. The House, including each member of the group that complained about the conditional nature of the ACA’s Exchange subsidies, then voted to enact the ACA, including that condition.
 
I remember when this challenge was first started some here thought it wasn't going anywhere. Looks like it just might be. And this is not a right-wing conservative talking about it.

http://finance.yahoo.com/news/why-obamacare-know-may-not-100000149.html
This might fall under the "be careful of what you wish for" for conservatives.
I stand by this.

Democrats sleeping through the midterms is a given, unless possibly you go :stirspot: too much and energize them. Beyond that I'd guess at least half of those 34 states would find a quick, legal way to "establish state exchanges" by "outsourcing" them to the federal government to get around any decision that potentially wakes up those unmotivated working poor voters that have sought out and purchased subsidized health policies. Leaving the poorest of the poor states even further behind. Then again, these state government exist to begin with by large portions of the population routinely voting against their own best interest, so maybe it doesn't matter at all.

 
I remember when this challenge was first started some here thought it wasn't going anywhere. Looks like it just might be. And this is not a right-wing conservative talking about it.

http://finance.yahoo.com/news/why-obamacare-know-may-not-100000149.html
This might fall under the "be careful of what you wish for" for conservatives.
I stand by this.

Democrats sleeping through the midterms is a given, unless possibly you go :stirspot: too much and energize them. Beyond that I'd guess at least half of those 34 states would find a quick, legal way to "establish state exchanges" by "outsourcing" them to the federal government to get around any decision that potentially wakes up those unmotivated working poor voters that have sought out and purchased subsidized health policies. Leaving the poorest of the poor states even further behind. Then again, these state government exist to begin with by large portions of the population routinely voting against their own best interest, so maybe it doesn't matter at all.
You are correct. a mind-numbing large proportion of them vote Democrat.

 
SaintsInDome2006 said:
Jackstraw said:
Well, that didn't last long—roughly two hours after a D.C. circuit court panel ruled that Obamacare does not allow subsidies in federally-run exchanges, a panel in the Fourth Circuit Court of Appeals, located in Virginia, has unanimously ruled that Obamacare does allow such subsidies.

If you're keeping score at home, that means three courts have ruled that Obamacare does allow subsidies in federally-run exchanges and one has not.

http://www.dailykos.com/story/2014/07/22/1315782/-Second-Obamacare-ruling-of-day-upholds-exchanges

But seriously. This is why they have been packing conservatives on the bench for. 5-4 wins at the Supreme court. Supreme court will bat their eyes and say its up to congress to fix the legislation. KNOWING the wingbats in the house will never let it happen.

Millions get abandoned from the health care system. Conservatives have themselves a nice chuckle over a brandy during the holidays.

I haven't met one conservative that can even FAKE giving a crap about people without healthcare. Even conservatives without healthcare will vote against it. It's amazing. They renamed it Kynnect in Kentucky and all of a sudden it was awesome.

I admit it. It's hard not to admire their hardcoreness a little bit. They must be made of stone.
There's definitely some judicial editorializing there.

What they may not do is rely on our help to deny to millions of Americans desperately - needed health insurance through a tortured, nonsensical construction of a federal statute whose manifest purpose, as revealed by the wholeness and coherence of its text and structure, could not be more clear.
This reminds me of Edwards' dissent in the DC case, basically saying they supported the bill therefore it must survive no matter the letter of the law.

Out of curiosity what are the other two decisions?

The DC case ensures this goes to the USSC, so you're right on that.
It is very possible it isnt going to the USSC. It is going to the full DC panel first.

 
To me, the bigger issue for the ACA currently...

http://www.cnbc.com/id/101859968

"The federal marketplace approved coverage for 11 of our 12 fictitious applicants who initially applied online, or by telephone," Bagdoyan, who directs GAO's Forensic Audits and Investigative Service, said in testimony obtained by NBC News.

The other 11 got through and received federal subsidies to help pay for their health insurance.
"The total amount of these credits for the 11 approved applications is about $2,500 monthly or about $30,000 annually. We also obtained cost-sharing reduction subsidies, according to marketplace representatives, in at least nine of the 11 cases," Bagdoyan said.

So if this thing is "under budget" as TommyGunz claims, did they budget in fraud already? Also, how can it be "under budget" if the Congressional Budget Office will no longer look into the ACA and it's costs?

 
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To me, the bigger issue for the ACA currently...

http://www.cnbc.com/id/101859968

"The federal marketplace approved coverage for 11 of our 12 fictitious applicants who initially applied online, or by telephone," Bagdoyan, who directs GAO's Forensic Audits and Investigative Service, said in testimony obtained by NBC News.

The other 11 got through and received federal subsidies to help pay for their health insurance.
"The total amount of these credits for the 11 approved applications is about $2,500 monthly or about $30,000 annually. We also obtained cost-sharing reduction subsidies, according to marketplace representatives, in at least nine of the 11 cases," Bagdoyan said.

So if this thing is "under budget" as TommyGunz claims, did they budget in fraud already? Also, how can it be "under budget" if the Congressional Budget Office will no longer look into the ACA and it's costs?
That source is a known conservative shill. It doesn't count.

 
To me, the bigger issue for the ACA currently...

http://www.cnbc.com/id/101859968

"The federal marketplace approved coverage for 11 of our 12 fictitious applicants who initially applied online, or by telephone," Bagdoyan, who directs GAO's Forensic Audits and Investigative Service, said in testimony obtained by NBC News.

The other 11 got through and received federal subsidies to help pay for their health insurance.
"The total amount of these credits for the 11 approved applications is about $2,500 monthly or about $30,000 annually. We also obtained cost-sharing reduction subsidies, according to marketplace representatives, in at least nine of the 11 cases," Bagdoyan said.

So if this thing is "under budget" as TommyGunz claims, did they budget in fraud already? Also, how can it be "under budget" if the Congressional Budget Office will no longer look into the ACA and it's costs?
That source is a known conservative shill. It doesn't count.
Fwiw here it is from WaPo:

http://www.washingtonpost.com/national/health-science/federal-undercover-investigation-signs-up-fake-applicants-for-aca-coverage-subsidies/2014/07/22/743a04fa-11ce-11e4-9285-4243a40ddc97_story.html

 
To me, the bigger issue for the ACA currently...

http://www.cnbc.com/id/101859968

"The federal marketplace approved coverage for 11 of our 12 fictitious applicants who initially applied online, or by telephone," Bagdoyan, who directs GAO's Forensic Audits and Investigative Service, said in testimony obtained by NBC News.

The other 11 got through and received federal subsidies to help pay for their health insurance.
"The total amount of these credits for the 11 approved applications is about $2,500 monthly or about $30,000 annually. We also obtained cost-sharing reduction subsidies, according to marketplace representatives, in at least nine of the 11 cases," Bagdoyan said.

So if this thing is "under budget" as TommyGunz claims, did they budget in fraud already? Also, how can it be "under budget" if the Congressional Budget Office will no longer look into the ACA and it's costs?
That source is a known conservative shill. It doesn't count.
Fwiw here it is from WaPo:

http://www.washingtonpost.com/national/health-science/federal-undercover-investigation-signs-up-fake-applicants-for-aca-coverage-subsidies/2014/07/22/743a04fa-11ce-11e4-9285-4243a40ddc97_story.html
I was kidding. The source was CNBC

 
To me, the bigger issue for the ACA currently...

http://www.cnbc.com/id/101859968

"The federal marketplace approved coverage for 11 of our 12 fictitious applicants who initially applied online, or by telephone," Bagdoyan, who directs GAO's Forensic Audits and Investigative Service, said in testimony obtained by NBC News.

The other 11 got through and received federal subsidies to help pay for their health insurance.
"The total amount of these credits for the 11 approved applications is about $2,500 monthly or about $30,000 annually. We also obtained cost-sharing reduction subsidies, according to marketplace representatives, in at least nine of the 11 cases," Bagdoyan said.

So if this thing is "under budget" as TommyGunz claims, did they budget in fraud already? Also, how can it be "under budget" if the Congressional Budget Office will no longer look into the ACA and it's costs?
That source is a known conservative shill. It doesn't count.
Fwiw here it is from WaPo:

http://www.washingtonpost.com/national/health-science/federal-undercover-investigation-signs-up-fake-applicants-for-aca-coverage-subsidies/2014/07/22/743a04fa-11ce-11e4-9285-4243a40ddc97_story.html
I was kidding. The source was CNBC
I actually don't know, I kind of thought CNBC was a business and finance network.

 
so of the supposed 8 million who signed up, anyone have a guess as to how many are actually legitimate?
An honest guess - 6 to 7 million (and still growing now). The reason is because it's the only option on the individual market. If you don't sign up via the website, or via a broker, or directly with a carrier, there are no other options. Every year people buy individual coverage, this year the only coverage that's available are ACA compliant plans. And if you're eligible for a subsidy (as apparently 85% of the individual on exchange market is), then why wouldn't you obtain it?

Suppose all existing cars were deemed "illegal" (unless antique aka grandfathered), and new cars were put on the market that were legal, and it was mandated that you own a car but if you couldn't afford one that government would step in and pay a huge chunk (likely the vast majority) of the cost. They'd probably sell a whole lot of cars, right? This isn't all that different.

EDIT TO ADD - People are still obtaining this coverage every day and the number continues to grow. Of course now they have to have a "qualifying event" to obtain coverage. Most carriers, though, aren't requiring proof of the qualifying event, only needing you to sign a form acknowledging which qualifying event you had and it's date and you to sign. I just helped two people sign up this week (both had legitimate qualifying events - loss of group coverage), but neither had to prove it. If they can't check that the person actually exists in the first place in 11 out of 12 cases, how are they going to be able to find out who's being honest or not about their "qualifying event" at this point?

 
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So now you guys aren't buying the Gallup poll numbers showing the % of uninsured has dramatically decreased, despite citing it earlier as an argument against the ACA? LOL
So it's back to roughly what it was two quarters before Obama took office? :-)

I never said that the % of uninsured wouldn't go down initially. I said that there is a chance (a significant one I believe) that the % of uninsured could end up being higher than it was when this whole thing started (roughly 16% in 2010) unless *additional* changes are made to the law.

Also, was reducing the % of uninsured the only or even the primary goal of the ACA? I think you, as have many, missed what the first A stands for.

 
Reducing the cost of insurance so that a lot of folks who couldn't afford it previously could get insured was what the "A" stood for, per my understanding.

Since the number of uninsured has been reduced by 10-12M, I'd say that goal was accomplished. :shrug:

 
Reducing the cost of insurance so that a lot of folks who couldn't afford it previously could get insured was what the "A" stood for, per my understanding.

Since the number of uninsured has been reduced by 10-12M, I'd say that goal was accomplished. :shrug:
But they didn't do that. Not at all, not even close. The cost of the insurance has gone up, studies show anywhere from 39% to 41%. Yes, the subsidized cost for many may have gone down, but that subsidy money is just coming from other people (mainly people on fully insured group health insurance plans).

So "taxing" the haves to give something to the have nots in this case is considered a "goal accomplished"? Honest question there.

 
It's another way to redistribute wealth, with the long standing goal of everyone equal regardless of personal initiative.

 
It's another way to redistribute wealth, with the long standing goal of everyone equal regardless of personal initiative.
I fully understand that this will be the largest redistribution of money/wealth that this country has ever seen. I get that. I'm not sure the left want to admit that, though.

 
Reducing the cost of insurance so that a lot of folks who couldn't afford it previously could get insured was what the "A" stood for, per my understanding.

Since the number of uninsured has been reduced by 10-12M, I'd say that goal was accomplished. :shrug:
But they didn't do that. Not at all, not even close. The cost of the insurance has gone up, studies show anywhere from 39% to 41%. Yes, the subsidized cost for many may have gone down, but that subsidy money is just coming from other people (mainly people on fully insured group health insurance plans).

So "taxing" the haves to give something to the have nots in this case is considered a "goal accomplished"? Honest question there.
You're going to ride those studies until the wheels fall off, aren't you? The cost of insurance for the average American has not gone up 40%. And you're comparing previous coverage with new coverage that now meets all ACA standards. By definition, new coverage is far more comprehensive.

 
Reducing the cost of insurance so that a lot of folks who couldn't afford it previously could get insured was what the "A" stood for, per my understanding.

Since the number of uninsured has been reduced by 10-12M, I'd say that goal was accomplished. :shrug:
But they didn't do that. Not at all, not even close. The cost of the insurance has gone up, studies show anywhere from 39% to 41%. Yes, the subsidized cost for many may have gone down, but that subsidy money is just coming from other people (mainly people on fully insured group health insurance plans).

So "taxing" the haves to give something to the have nots in this case is considered a "goal accomplished"? Honest question there.
You're going to ride those studies until the wheels fall off, aren't you? The cost of insurance for the average American has not gone up 40%. And you're comparing previous coverage with new coverage that now meets all ACA standards. By definition, new coverage is far more comprehensive.
Yes, until anyone can post anything showing something other than their conclusions. I've asked for this quite a few times, haven't had anything posted. The underlying cost of the insurance has done up, you can't dispute that.

Also, these new coverage requirements are good things (all those men now have their pregnancies covered, right?; as do all those adults with their pediatric dental needs)- but are they worth the reduction in network size available? Here in VA, the largest carrier is ONLY offering an HMO style product with a vastly trimmed down network. You want to go to Johns Hopkins right across the state line? Too bad, they aren't in network and you're paying cash. Your home state of California actually has a legal battle going on right now about the same thing (vastly trimmed down networks on these new plans).

 
It's another way to redistribute wealth, with the long standing goal of everyone equal regardless of personal initiative.
Nah, but you're welcome to keep thinking that. Income inequality is increasing, not decreasing.
You honestly don't see this as a huge redistribution of wealth scheme? Really? Where do you think the billions of dollars needed for these subsidies are coming from?

 
Reducing the cost of insurance so that a lot of folks who couldn't afford it previously could get insured was what the "A" stood for, per my understanding.

Since the number of uninsured has been reduced by 10-12M, I'd say that goal was accomplished. :shrug:
But they didn't do that. Not at all, not even close. The cost of the insurance has gone up, studies show anywhere from 39% to 41%. Yes, the subsidized cost for many may have gone down, but that subsidy money is just coming from other people (mainly people on fully insured group health insurance plans).

So "taxing" the haves to give something to the have nots in this case is considered a "goal accomplished"? Honest question there.
You're going to ride those studies until the wheels fall off, aren't you? The cost of insurance for the average American has not gone up 40%. And you're comparing previous coverage with new coverage that now meets all ACA standards. By definition, new coverage is far more comprehensive.
Yes, until anyone can post anything showing something other than their conclusions. I've asked for this quite a few times, haven't had anything posted. The underlying cost of the insurance has done up, you can't dispute that.

Also, these new coverage requirements are good things (all those men now have their pregnancies covered, right?; as do all those adults with their pediatric dental needs)- but are they worth the reduction in network size available? Here in VA, the largest carrier is ONLY offering an HMO style product with a vastly trimmed down network. You want to go to Johns Hopkins right across the state line? Too bad, they aren't in network and you're paying cash. Your home state of California actually has a legal battle going on right now about the same thing (vastly trimmed down networks on these new plans).
I'm fine with a small portion of my insurance coverage going to ensure women have their pregnancies covered. I realize it's a funny bumper sticker, but the underlying reason for the policy is sound.

And yeah, overall small network sizes are worth the compromise for more comprehensive coverage. Nothing sucks worse than having a health related incident and then realizing that the insurance you've been paying for for years doesn't cover that event. That was happening too often.

 
Reducing the cost of insurance so that a lot of folks who couldn't afford it previously could get insured was what the "A" stood for, per my understanding.

Since the number of uninsured has been reduced by 10-12M, I'd say that goal was accomplished. :shrug:
But they didn't do that. Not at all, not even close. The cost of the insurance has gone up, studies show anywhere from 39% to 41%. Yes, the subsidized cost for many may have gone down, but that subsidy money is just coming from other people (mainly people on fully insured group health insurance plans).

So "taxing" the haves to give something to the have nots in this case is considered a "goal accomplished"? Honest question there.
You are a hilarious shill for the healthcare insurance companies. It is quite amusing how you lie about the costs of insurance and constantly imply that they are attributable to Obamacare when the reality is that healthcare insurance company premiums have been going up every year at high rates for a long long time, and really no more now overall than before Obamacare really started recently (in fact, in the last couple of years overall healthcare costs have grown at the slowest rate in a long time).

Oh look!! Healthcare insurance policy premiums almost tripled between 1999 and 2011--damn you OBAmA!!

You keep on keeping on with your advocacy, though, as it is excellent comedy.

 
It's another way to redistribute wealth, with the long standing goal of everyone equal regardless of personal initiative.
Nah, but you're welcome to keep thinking that. Income inequality is increasing, not decreasing.
You honestly don't see this as a huge redistribution of wealth scheme? Really? Where do you think the billions of dollars needed for these subsidies are coming from?
Yeah, it is a redistribution of taxpayer money to healthcare insurance companies.

 
It's another way to redistribute wealth, with the long standing goal of everyone equal regardless of personal initiative.
Nah, but you're welcome to keep thinking that. Income inequality is increasing, not decreasing.
You honestly don't see this as a huge redistribution of wealth scheme? Really? Where do you think the billions of dollars needed for these subsidies are coming from?
No, I don't see it as a "huge redistribution of wealth scheme". I see it as society altering the rules of the social contract that we all adhere to in order to help the less fortunate get basic medical coverage so that 40k+ people aren't dying needlessly due to not getting adequate medical coverage each year.

Wealth is definitely being distritbuted, as it all ways is. Usually it's the other way around, but fortunately the poor and less fortunate got a win this time.

 
Can someone explain for me, in simple language, how the recent court decision will affect the future of Obamacare? I don't understand. Thank you in advance.

 
It is quite amusing how you lie about the costs of insurance and constantly imply that they are attributable to Obamacare when the reality is that healthcare insurance company premiums have been going up every year at high rates for a long long time, and really no more now overall than before Obamacare really started recently (in fact, in the last couple of years overall healthcare costs have grown at the slowest rate in a long time).
Yes, health care costs have slowed since Obamacare took effect (although there doesn't seem to be a cause-and-effect relationship there).

 
Reducing the cost of insurance so that a lot of folks who couldn't afford it previously could get insured was what the "A" stood for, per my understanding.

Since the number of uninsured has been reduced by 10-12M, I'd say that goal was accomplished. :shrug:
But they didn't do that. Not at all, not even close. The cost of the insurance has gone up, studies show anywhere from 39% to 41%. Yes, the subsidized cost for many may have gone down, but that subsidy money is just coming from other people (mainly people on fully insured group health insurance plans).

So "taxing" the haves to give something to the have nots in this case is considered a "goal accomplished"? Honest question there.
You're going to ride those studies until the wheels fall off, aren't you? The cost of insurance for the average American has not gone up 40%. And you're comparing previous coverage with new coverage that now meets all ACA standards. By definition, new coverage is far more comprehensive.
Yes, until anyone can post anything showing something other than their conclusions. I've asked for this quite a few times, haven't had anything posted. The underlying cost of the insurance has done up, you can't dispute that.

Also, these new coverage requirements are good things (all those men now have their pregnancies covered, right?; as do all those adults with their pediatric dental needs)- but are they worth the reduction in network size available? Here in VA, the largest carrier is ONLY offering an HMO style product with a vastly trimmed down network. You want to go to Johns Hopkins right across the state line? Too bad, they aren't in network and you're paying cash. Your home state of California actually has a legal battle going on right now about the same thing (vastly trimmed down networks on these new plans).
I'm fine with a small portion of my insurance coverage going to ensure women have their pregnancies covered. I realize it's a funny bumper sticker, but the underlying reason for the policy is sound.

And yeah, overall small network sizes are worth the compromise for more comprehensive coverage. Nothing sucks worse than having a health related incident and then realizing that the insurance you've been paying for for years doesn't cover that event. That was happening too often.
That's what's happening now, though, with smaller networks! You have a health related incident, go to the hospital or doctor, and then realize that the service you just had was from an out of network provider and you're left paying the entire bill on your own. So "the insurance you've been paying for for years doesn't cover that event". It's the exact same thing.

 

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