Archive for October 9th, 2013

Oklahoma May End ObamaCare

Wednesday, October 9th, 2013

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Political pundit Dick Morris believes that a suit brought by Oklahoma against  Obamacare could be what ultimately knocks down the president’s healthcare  law.

“Why didn’t anyone else think of it?”Morris  wrote in The Hill.  “Unlike the suit brought by 26 state  attorney generals, this suit does not make a constitutional objection to the  Affordable Care Act. Instead, it uses the language of the law to challenge the  elaborate system of subsidies, tax credits, and individual or employer mandates  and fines the act has spawned.”

The suit, filed  by Oklahoma’s Republican Attorney General Scott Pruitt, was  published in the Case Western Reserve School of Law Journal. The article  contends that the wording of the Affordable Care Act only allows a subsidy for  health insurance for those who got their coverage through state exchanges rather  than the federal exchange.

“The IRS has  ruled that the language of the statute should be ‘interpreted’ to extend the  subsidies to those enrolled in state or federal exchanges, but that’s not what  the law says,” Morris explained, adding, “Section 1041 of the act, according to  their article, ‘authorizes premium-assistance tax credits and makes them  available only through state-run exchanges.'”

It also says tax credits  can only be given if the taxpayer has a plan that was enrolled in through an  exchange established by the state under section 1311 of the Affordable Care  Act.

“Adler and Cannon argue that ‘by its express terms, this provision  only applies to exchanges ‘established by a state’ and ‘established…under  Section 1311,'” Morris pointed out.

Morris argued that the IRS and  supporters of Obamacare try to “stretch the language to imply a mandate to cover  those in federal exchanges.”

He quoted IRS director Douglas Shulmann’s  reply to a letter from GOP Congressmen about the issue, in which Shulmann said,  “The statute includes language that indicates that individuals are eligible for  tax credits whether they are enrolled through a state-based exchange or a  federally-facilitated exchange.”

“Unfortunately for President Obama, the  statue implies no such thing,” said Morris. “It is not only silent on any  subsidies for federal exchange, it is clear that the subsidies were intended to  encourage states to set up exchanges.”

A federal judge seemed to agree  when he allowed Pruitt’s lawsuit to proceed in August,  http://freebeacon.com/lawsuit-challenging-obamacare-subsidies-moves-forward/?print=1ruling  against the Obama administration.

“The Oklahoma suit has survived a  motion to dismiss and its standing to bring the suit has been affirmed by the  District Court,” Morris stated. “Attorney General Pruitt hopes for a judgment  later this year and feels the case might reach the Supreme Court by late next  year.