Yesterday National Review Online posted an article about a current court case that represents a significant threat to ObamaCare. Halbig v. Sebelius (since renamed Halbig v. Burwell, for the current HHS secretary) was argued before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit Court in March. The case involves the government subsidies paid by the exchanges included in ObamaCare.
The article states:
If the Supreme Court ultimately finds that the Obama administration violated the law in doling out those subsidies, it could force a wholesale revision of Obamacare. In January, The Hill quoted a key Obamacare supporter as saying that Halbig was “probably the most significant existential threat to the Affordable Care Act.” Jonathan Turley, a noted liberal constitutional-law expert at George Washington Law School, recently agreed, writing in the Los Angeles Times that Halbig “could leave Obamacare on life support.”
…The Halbig plaintiffs — individuals and small businesses in six states that didn’t establish state exchanges — argue that the Obama administration is breaking the law by offering those tax subsidies in all 50 states. The plaintiffs argue that if the subsidies hadn’t been offered in their states, they would have been exempted from the individual-mandate penalties of Obamacare because they couldn’t have afforded to pay for health coverage.
I have no idea how this case will be decided. The writer of the article believes that if the case is decided against ObamaCare it will force Congress and the President to make positive changes in the law (particularly if a Republican Congress is elected).
The U.S. Court of Appeals for the D.C. Circuit is expected to rule on this case within the next week.