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re: Obamacare, not so fast

Posted on 7/22/14 at 10:07 am to
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 7/22/14 at 10:07 am to
States rights bitches
Posted by KeyserSoze999
Member since Dec 2009
10608 posts
Posted on 7/22/14 at 10:07 am to
no, I get it
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 7/22/14 at 10:08 am to
quote:

States rights bitches


This literally has absolutely nothing to do with states' rights. ABSOLUTELY ZERO.
Posted by GumboPot
Member since Mar 2009
118604 posts
Posted on 7/22/14 at 10:11 am to
It's my understanding that the law was written to specifically state that the only way that a state could receive subsidies is if the state implemented state exchanges. It was written that way to incentivize the states to implement state run exchanges and take that burden off the federal government's back.

That was the original intent.

2 of the 3 judges agreed with that intent and letter of the law today.

Unfortunately, the newly appointed judges on the 7th circuit will reverse this ruling using some type of legal gymnastics.
Posted by gatorrocks
Lake Mary, FL
Member since Oct 2007
13969 posts
Posted on 7/22/14 at 10:12 am to
Then onto Supreme court
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 7/22/14 at 10:12 am to
quote:

Unfortunately, the newly appointed judges on the 7th circuit will reverse this ruling using some type of legal gymnastics.



Can they not just say "hey, those 2 guy were wrong."? (they weren't, by the way)
This post was edited on 7/22/14 at 10:13 am
Posted by geauxtigs99
NY
Member since Dec 2005
1119 posts
Posted on 7/22/14 at 10:13 am to
quote:

This literally has absolutely nothing to do with states' rights. ABSOLUTELY ZERO


Nope has everything to do with Nancy Pelosi not knowing what's in the law until it was passed. This is what happens when you take the nuclear option and ram legislation thru - things get lost in huge bills all the time.
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 7/22/14 at 10:15 am to
quote:

7th circuit


Not 7th. D.C. Circuit.
Posted by teke184
Zachary, LA
Member since Jan 2007
94780 posts
Posted on 7/22/14 at 10:15 am to
quote:

This literally has absolutely nothing to do with states' rights. ABSOLUTELY ZERO.



Not a traditional version of it.

However, the states will have set off a death spiral for ObamaCare if this is upheld, as 30+ states opting to let the feds set up the exchange means roughly half the country won't get subsidies for the insurance, which greatly reduces the number of people willing to participate.

That sets off higher premiums and even lower participation.
Posted by the808bass
The Lou
Member since Oct 2012
111495 posts
Posted on 7/22/14 at 10:16 am to
quote:

This literally has absolutely nothing to do with states' rights. ABSOLUTELY ZERO.

Disagree.
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 7/22/14 at 10:16 am to
quote:

Disagree.


Thanks for the input. Please tell us all why?
Posted by the808bass
The Lou
Member since Oct 2012
111495 posts
Posted on 7/22/14 at 10:20 am to
My opinion was as succinct and supported as yours.

The catalyst for all of this was the oft-repeated dance of states accepting handouts from the Feds by acquiescing to Fed demands. The Feds asked for state exchanges and 30-some odd states (I think 36) told the Feds to pound sand. If only 5 had said "Frick off," this ruling would be meaningless. As 36 said "no thanks," it changes the import of this decision quite a bit.

Additionally, many of the states said no thanks to avoid future Medicare/Medicaid obligations.

In short, it has a lot to do with state's rights.
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 7/22/14 at 10:21 am to
quote:

It's my understanding that the law was written to specifically state that the only way that a state could receive subsidies is if the state implemented state exchanges. It was written that way to incentivize the states to implement state run exchanges and take that burden off the federal government's back.


That was the argument that the challengers presented at oral argument before the D.C. Circuit. The judge who dissented asked the challengers many, many times during oral argument to point to one shred of evidence that that was the case. The challengers couldn't.

Not saying it rises and falls with that, but I think you can throw that out the window.
Posted by Tigah in the ATL
Atlanta
Member since Feb 2005
27539 posts
Posted on 7/22/14 at 10:21 am to
quote:

The bill is an unmitigated disaster.
I must've missed the disaster coverage.

How do you define "disaster?"
Posted by DelU249
Austria
Member since Dec 2010
77625 posts
Posted on 7/22/14 at 10:23 am to
quote:

Thanks for the input. Please tell us all why?

quote:

Thanks for the input. Please tell us all why?


I don't even care, I just find it inconsistent that you make a blanket statement with no explanation, and yet people disagreeing with you are somehow required to enter a lengthy explanation before hitting "submit"
Posted by the808bass
The Lou
Member since Oct 2012
111495 posts
Posted on 7/22/14 at 10:23 am to
quote:

That was the argument that the challengers presented at oral argument before the D.C. Circuit. The judge who dissented asked the challengers many, many times during oral argument to point to one shred of evidence that that was the case. The challengers couldn't.

There may be an opposing argument to this. Not sure.
Posted by deltaland
Member since Mar 2011
90472 posts
Posted on 7/22/14 at 10:24 am to
Obama is reaching for his pen and phone as we speak to circumvent this ruling
Posted by petar
Miami
Member since May 2009
5989 posts
Posted on 7/22/14 at 10:24 am to
Let me see if i have this right.

The court said obamacare wasn't right because the way it was drafted said that states have to create these exchanges.. So federal exchanges cant exist in states that don't have exchanges?

am i missing something? I havent seen the opinion but that seems to be what the articles are implying.
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 7/22/14 at 10:25 am to
quote:

There may be an opposing argument to this. Not sure.


Go listen to the oral argument. I did. They couldn't point to anything in the legislative record, a single public statement, or anything at all indicating that's why that language was crafted that way.
Posted by STB
Dallas, TX
Member since Oct 2012
1087 posts
Posted on 7/22/14 at 10:26 am to
BREAKING: Obama administration says health care subsidies will keep flowing despite court decision.

Associated Press tweeted this.
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