Reports are just coming in on the Halbig ruling by the US Court of Appeals:
#BREAKING: U.S. Appeals Court throws out IRS regulation that implements key Obamacare health insurance subsidies
— Reuters U.S. News (@ReutersUS) July 22, 2014
BREAKING: Huge blow to Obamacare. DC Circuit says law restricted subsidies to state exchanges.
— Philip Klein (@philipaklein) July 22, 2014
Page 5 Halbig: "We reverse the district court and vacate the IRS’s regulation.”
— Amanda Carpenter (@amandacarpenter) July 22, 2014
DC Circuit: "the ACA unambiguously restricts…subsidy to insurance purchased on Exchanges 'established by the State.'"
— Philip Klein (@philipaklein) July 22, 2014
This is huge. It appears to mean that a subsidy can only be granted when there’s a state exchange in place and as well all know, that’s not the way it’s been implemented since many states opted not to do a federal exchange.
I’ll have more on this shortly…but for now here’s a reminder or something that won’t be argued today by Obama and Democrats:
It's. The. Law. #ObamaCareInThreeWords, pic.twitter.com/yCHSmuxkKj
— The White House (@WhiteHouse) May 16, 2013
UPDATE: Ted Cruz just issued this statement:
“The D.C. Circuit’s decision today in Halbig v. Burwell is a repudiation of Obamacare and all the lawlessness that has come with it,” said Sen. Cruz. “The Obama Administration, through the Internal Revenue Service, has attempted to dispense revenues to the states without proper congressional authorization, robbing Congress of its constitutionally-provided power of the purse. This decision restores power to Congress and to the people and if properly enforced, should shield citizens from Obamacare’s insidious penalties, mandates, and subsidies. This is a significant victory for the American people and the rule of law, but we must not rest. Americans will continue to lose jobs, pay higher premiums, and receive fewer healthcare choices because of this disastrous law. Every last word of Obamacare must be repealed to restore jobs, growth, and opportunity in our country.”
I should note just to be clear, this still will likely end up going to the Supreme Court so for all the celebration today, it isn’t quite over yet. But this is still big news.