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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDecision Looms In Lawsuit That May Actually Crush Obamacare
Obamacare was left mostly unharmed this week despite the fact that the Supreme Court ruled against its contraception mandate. But a far greater threat to the law is alive and well a few blocks away in Washington, D.C.
Any day now, a three-judge panel on the D.C. Circuit Court of Appeals is expected to rule in Halbig v. Burwell, an expansive challenge that goes directly after federal insurance subsidies. An unfavorable outcome stands to cripple a core component of Obamacare, without which the law may not be able to survive. Two of the judges, both Republican appointees, expressed varying degrees of sympathy for the challengers' case.
"Of all the challenges since the individual mandate, this is the one that presents the most mortal threat to the act," Jonathan Turley, a professor at George Washington University Law School, told TPM.
At issue is whether the statute permits the federal exchange (which serves residents of 34 states which opted not to build their own) to dole out premium tax credits. Without the subsidies, which are benefiting millions of lower-income Americans, the individual mandate is unworkable because many people won't be able to afford insurance. And without the mandate, the coverage guarantee for preexisting conditions threatens to send costs soaring and destabilize the health care market.
Any day now, a three-judge panel on the D.C. Circuit Court of Appeals is expected to rule in Halbig v. Burwell, an expansive challenge that goes directly after federal insurance subsidies. An unfavorable outcome stands to cripple a core component of Obamacare, without which the law may not be able to survive. Two of the judges, both Republican appointees, expressed varying degrees of sympathy for the challengers' case.
"Of all the challenges since the individual mandate, this is the one that presents the most mortal threat to the act," Jonathan Turley, a professor at George Washington University Law School, told TPM.
At issue is whether the statute permits the federal exchange (which serves residents of 34 states which opted not to build their own) to dole out premium tax credits. Without the subsidies, which are benefiting millions of lower-income Americans, the individual mandate is unworkable because many people won't be able to afford insurance. And without the mandate, the coverage guarantee for preexisting conditions threatens to send costs soaring and destabilize the health care market.
THE REST:
http://talkingpointsmemo.com/dc/halbig-obamacare-ruling-looms-dc-circuit?utm_content=buffer0a86f&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer
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Decision Looms In Lawsuit That May Actually Crush Obamacare (Original Post)
Triana
Jul 2014
OP
xchrom
(108,903 posts)1. du rec.
Triana
(22,666 posts)2. Thanks xchrom.
Chan790
(20,176 posts)4. The longer article makes it sound like this is ultimately going nowhere.
That a ruling for the plaintiff in the 3-judge panel will be crushed en banc by the full DC federal bench. Likewise, it's unlikely to pass muster to be heard by SCOTUS.
flamingdem
(39,313 posts)5. Thanks, figured but your summary
saves me some time.