WASHINGTON - A three-judge panel of the District of Columbia Court of Appeals dealt a major blow to ObamaCare Tuesday.
The Federal Court of Appeals ruled that tax subsidies that are central to the ObamaCare program may not be provided to at least half of the states. The law that Congress passed and Obama signed says that the federal subsidies can only be given out when someone enrolls in an exchange run by the states or the District of Columbia. However, in another attempt to circumvent the Constitution, bypass the Congress, and ignore the law, the President set up his own policy: the federal exchange at HealthCare.gov, which has had an array of bureaucratic challenges.
“The Federal Court of Appeals ruled that tax subsidies that are central to the ObamaCare program may not be provided to at least half of the states,” Matt Staver, head of Liberty Counsel, said. “The majority of state governors understood the monstrosity that is ObamaCare and chose not to set up exchanges. In all, twenty-seven states chose not to set up ObamaCare exchanges, and another nine partially opted out of exchanges,” Staver pointed out. “Only 14 states participated in setting up ObamaCare exchanges.”
Illinois is one of the states that will be affected If the D.C. Circuit Court of Appeals ruling holds. The subsidies for people in Illinois will disappear, as will those in at least 33 other states.
Hours after the ruling from the District of Columbia Court of Appeals, the Fourth Circuit Court of Appeals issued a conflicting ruling, finding that the IRS rule for the federal subsidies is valid. This sets up a conflict between the federal Circuit Courts of Appeal and paves the way for these cases to go to the U.S. Supreme Court.