A federal appeals court delivered another body blow to the ACA today declaring that the subsidies handed out on the federal exchanges violate Section 36B of the ACA which explicitly states that subsidies are available only through the State run exchanges. You would think that this would give Democrats reason to pause, and reflect on how the bill was written and hastily passed on purely partisan votes, but true to form the message from the White House is:
“it was obvious” that Congress intended subsidies, or tax credits, to be issued to Obamacare enrollees regardless of what kind of exchange they used to buy insurance.
“Obvious” means nothing in legislation and “law professors” should know better. To date there have been 41 unilateral changes to the poorly written, poorly implemented ACA that has resulted in my personal premium increasing by 70%+, and the cancellation of millions of other policies despite the “promises” by the POTUS. You would think that the way the bill was crafted, the rise in premiums and the cancellation of policies would have been “obvious” as well, but somehow that observation escaped them.
Now of course the Democrats will appeal this ruling and hope that the next court will rule on the wishes of the party rather than the rule of law. If that does happen, then this country will slip yet another notch into the “banana republic” territory, and give more emphasis to the Congressional lawsuit against the POTUS. The language in the law is very explicit in where and when subsidies can be administered, so if the Democrats are concerned with the rule of law, something of which they like to lead people into believing, then a rewrite of the legislation would be required. However considering that the favorability of the law that was sold on lies is very poor, passage of a rewritten version is not very likely, hence the Democrats need to continue to push this through the courts until they find one that is favorable to their “intentions”.
As it stands now, this ruling and the many other unilateral delays and exemptions have done much more to gut this bill and portend it’s failure than anything the Republicans have done.