By Grace-Marie Turner The Affordable Care Act gives the president’s cabinet officers sweeping powers to implement the law, but the administration managed to overreach these powers by allowing people in 36 states to illegally access health insurance subsidies. That was…
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Court upholds the rule of law July 23, 2014 Commentary
The U.S. Circuit Court of Appeals has upheld the rule of law in its decision that the health law does not allow tax subsidies to be distributed through the federal government’s health insurance exchange.
The Obama administration’s Internal Revenue Service issued regulations in 2012 authorizing the flow of funds after two-thirds of the states opted not to create their own exchanges, thereby defaulting to the federal exchange.
Awaiting critical ObamaCare lawsuit July 10, 2014 Commentary
A decision against the government could strike a blow to the heart of the ACA, sending a strong message that the administration has gone far beyond its legal authority in interpreting and changing the law. That would make it even more difficult for the administration to continue to make extra-legal changes in the future to this dysfunctional law.
Religious Liberty Wins in Court June 30, 2014 Commentary
Today’s decision gives Congress a stronger basis for legislation to rein in the administration’s liberal interpretation of its powers under the Affordable Care Act, a power it will very likely push if the U.S. Senate changes hands in the November elections.
Two Lawsuits Could Strike New Blows to the ACA June 12, 2014 Commentary
One case is before the U.S. Supreme Court involving the law’s affront to religious liberty. The other is before the influential D.C. Circuit Court, challenging the Obama administration’s decision to allow taxpayer subsidies for health insurance to flow through federally-created health insurance exchanges.