“On March 25, a three-judge panel of the D.C. Circuit heard oral arguments in Halbig v. Sebelius, one of four lawsuits challenging the legality of implementing certain ACA provisions in the 34 states with federally established health insurance Exchanges. On May 14, a panel of the Fourth Circuit heard arguments in a related case, King v. Sebelius. Rulings in these cases could come at any time.”
‘Last week, a panel of the Fourth Circuit Court of Appeals in Richmond, Va., heard oral arguments in King v. Sebelius. King is one of four cases challenging the implementation of ObamaCare’s Exchange subsidies, and the penalties they trigger, through federal Exchanges. The Patient Protection and Affordable Care Act provides those subsidies only “through an Exchange established by the State.” ‘
“The New York Times is lawyering again in defense of the Affordable Care Act in an editorial tendentiously titled More Specious Attacks on Reform. Hence the tendentious title of this post. In reality, legal arguments typically have two sides and dismissing one as specious (or frivolous) is almost always unwarranted and undermines the credibility of the critic, in this case the editorial writer of the Times.”
“A federal appeals court heard arguments Wednesday in a lawsuit claiming the Obama administration’s health care reform law provides tax subsidies only to people who buy insurance through state-run exchanges.
Four Virginia residents are challenging an Internal Revenue Service regulation that makes the subsidies available to low- and moderate-income residents regardless of whether they buy policies through state exchanges or one established by the federal government. Virginia is among 34 states that chose not to establish its own health insurance exchange.”
“Thus spoke King John of England before he was forced at the point of a sword on June 15, 1215 A.D. to eat his words by signing the Magna Carta, the first in a series of documents that established rule of law in England – versus rule by whatever the king says. It was a signal moment in the history of civilization, and the foundation of the United States’ great experiment in government of the people, by the people and for the people.”
“If the president wants to witness a refutation of his assertion that the survival of the Affordable Care Act is assured, come Thursday he should stroll the 13 blocks from his office to the nation’s second-most important court, the D.C. Circuit Court of Appeals. There he can hear an argument involving yet another constitutional provision that evidently has escaped his notice. It is the origination clause, which says: “All bills for raising reveornue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.””
“he Department of Housing and Urban Development is under investigation into whether the agency violated appropriations laws by promoting the Affordable Care Act.”
“Virginia Gov. Terry McAuliffe is considering expanding health coverage for the poor without the approval of the state legislature, a move that would muscle his top priority past Republican opponents but also throw his young administration into a partisan firestorm and uncertain legal territory.”
“Liberals keep dismissing challenges to ObamaCare, political and legal, so it’s no surprise they mostly ignored last week’s oral argument at the D.C. Circuit Court of Appeals that could send another case to the Supreme Court. Coming in the week the White House wheeled out its 38th rewrite of the law, Halbig v. Sebelius is even more important for the contours of executive power and the rule of law.”
“House Republicans have called the White House’s bluff on Obamacare’s mandate that requires everyone to buy health insurance. And Democrats are mad.
On Friday, House Republicans approved a bipartisan deal to end the threat of a 24 percent pay cut for physicians treating Medicare patients. After a decade of delaying ever-increasing reductions called for by the sustainable growth rate (SGR) formula, it is clear that Congress will find some way to avoid hitting doctors this hard in an election year.”