Two federal courts have ruled contradictory opinions whether Obamacare can use subsidies in federal exchanges because the law didn’t say it could. This looked like the Democrats and the health insurance companies’ lobbyists did a sloppy job with the wording of the Affordable Care Act. This looked like Nancy Pelosi’s advice to the Democrats to pass the law and then see what’s in it could get the law destroyed in the courts.
Since the original posting of this article, it has come to light that Jonathan Gruber, a key architect of Romneycare and Obamacare was caught on video taken in 2012 saying that the law was written to exclude federal exchanges to force states to set up their own state exchanges.
While there is no doubt the “intent” of the law was to include every state in on the subsidies, the law was written to exclude federal exchanges to force states to create their own. This backfired. Leaving out federal exchanges was no typo or the fault of the democrats not reading the law.
The Supreme Court will probably have to judge the actual wording of the law and its mechanical “intent” to force states into their own exchanges. Both undermine Obamacare’s federal exchanges. If they weigh in the general “intent” of the law to cover every state then they will have a tough decision to make. With the wording of the law and conflicting intents, I think the Supreme Court will vote against the federal exchange subsidies. I believe they would be legally correct in doing so.
Obamacare is already heading for escalating copays, deductibles and premiums. Other aspects are still in the pipeline like forcing millions to change their policies that don’t comply, caps on out of pocket payments and the employer mandate. These alone will reign havoc. Uncertainty over its future will now add more trouble. The eventual probable Supreme Court undermining will make it all a shambles.
It’s time to put an end to this nonsense. We need to replace the ACA or whatever is left of it with an original Medicare-for-all-single payer. This is not government control of anything. It is a much more efficient way of PAYING for health care. With all the money being lost to unneeded health insurance companies’ paperwork, CEO bonuses and profit saved, we can easily afford to cover everyone and cut premiums.
Wishing and hoping won’t do any good. Nor will contacting your congress persons. They are under the influence of campaign contributions and lobbyists. Republicans have an added ideological bias against anything government. We must spread the word and revolt in the primary and general elections to throw out the pawns of the lobbyists. We must elect real representatives to vote out the insurance companies and vote in a Medicare-for-all single payer system similar to what they have in Canada, Western Europe, and Japan for half the cost per person and they include everyone.
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