A few street blocks away from Supreme Court oral arguments Tuesday on the contraceptive mandate, an appeals court heard a separate case that poses a far greater threat to Obamacare and could cripple the law.
And while many have considered it a long shot, it showed clear signs of life.
The case is about whether the Affordable Care Act permits the federally-run insurance exchange to provide subsidies to consumers. Crafted by Case Western law professor Jonathan Adler and Cato’s Michael Cannon, it charges that the plain language of the statute confines the provision of premium tax credits to “an Exchange established by the State” — and not the federal exchange, which serves residents whose states opted not to build one.
The Obama administration won the case in January at the D.C. District Court, where Clinton-appointed Judge Paul L. Friedman labeled the challengers’ claim “unpersuasive.” He said Congress designed the federal exchange on behalf of states, so it functions as such for the purpose of the law. A ruling against the government, Friedman said, would “violate the basic rule of statutory construction that a court must interpret a statute in light of its history and purpose.”
But the landscape was vastly different when the case came before a three-judge panel on the D.C. Circuit Court of Appeals comprising one Democratic appointee and two Republican appointees, according to audio of Tuesday’s arguments.
Carter-appointed Judge Harry T. Edwards was the only member of the panel to side with the government’s position, describing the challenge as “preposterous” and repeatedly hammering Michael Carvin, the lawyer for the plaintiffs.
George H.W. Bush-appointed Judge A. Raymond Randolph antagonized the law and sounded firmly in the opponents’ camp, saying that the “text of the statute seems perfectly clear on its face” that premium tax credits are only for state-run exchanges.
“There’s an absurdity principle, but I don’t think there a stupidity principle,” Randolph said. “If the legislation is just stupid, I don’t see that it’s up to the court to save it.”
How does Jonathan Adler wake up in the morning and look at himself in the mirror? It just makes no sense to me how people like this go through life every day without a good degree of self-loathing. If he wins this case, the 6 million people who have now signed up for the ACA and the millions others who have been helped with Medicare and the Medicaid expansion in the non-Confederate states will all be without health care. That’s a victory for this scumbag. That is his endgame. When he goes to bed at night and thinks about winning his legal suit, his goal is to harm tens of millions of Americans.
Because freedom, that’s why. These people are just sick in their heads. Here is what is bothering Adler:
Richardson was injured on the job and was forced to live on his workers’ comp payments for an extended period of time, which ultimately cost the couple their house on Williams Street. The couple had to pay $1,100 a month if they wanted to maintain their health insurance coverage under the federal COBRA law.
Richardson said he only received some $2,000 a month in workers’ comp. payments, however, leaving little for them to live on.
“Thank God for Obamacare!” his wife exclaimed.
Now, thanks to the subsidy for which they qualify, the Richardsons only pay $136 a month for health insurance that covers them both.
Now I get it. Those fuckers need to suck it up and stop mooching off society and let freedom and liberty roger them up the ass until they are dead.