Comment: Something like 33 states have refused to set up their own Obamacare exchanges. The plain language of the law prevents Obamacare subsidies and tax credits from flowing through federally run exchanges. The IRS rule purporting to do so is without any legal basis whatsoever and will be struck down in the lawsuit Oklahoma has filed against the federal government. Our message to Obamacare’s supporters: You got exactly the bill you wanted. You rammed it down our throats. You will experience no end of difficulty with this mess you created because you unjustly proceeded without the consent of the governed. Then you have the nerve to turn around and breach the rule of law with your baseless IRS re-write. This is tyranny, plain for all to see.
“With so many states refusing to play the role the law’s drafters envisioned, the Obama administration has embarked on a legally dubious effort to bypass the plain language of the law. Obama’s IRS has issued a rule that delivers the expensive subsidies through federally run exchanges as well. If it stands, this extralegal rule will undermine the decision-making role offered to states by Obamacare, and cause hundreds of billions of dollars of taxes and spending not authorized by the president’s health care law.”
“Although Obamacare requires the federal government to establish an exchange in states that decline to do so, a legal analysis by the nonpartisan Congressional Research Service found, “[t]he plain language of [the law] suggests that premium tax credits are available only where a taxpayer is enrolled in an ‘Exchange established by the State.’ A strictly textual analysis of the plain meaning of the provision would likely lead to the conclusion that the IRS’s authority to issue the premium tax credits is limited only to situations in which the taxpayer is enrolled in a state-established exchange.””
“Simply put, Obamacare does not authorize tax credits unless states set up their own health insurance exchanges.”
“…Treasury officials have not pointed to a single piece of legislative history that supports their interpretation of the law….”
Darrell Issa: Obama can’t break his own health care law
March 26, 2013
Rep. Darrell Issa, R-Calif., is chairman of the House Committee on Oversight and Government Reform.