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Oklahoma Has A Major Point In Ongoing Lawsuit To Bring Down Obamacare
Oct 13, 2013 08:22:46   #
bmac32 Loc: West Florida
 
Oklahoma Attorney General Scott Pruitt’s year-old lawsuit to bring down the Patient Protection and Affordable Care Act is beginning to receive more attention now that Obamacare has endured the first week of its square-wheeled rollout.

Taking a different approach than that employed by the 28 States that lost a Constitutional argument before the Supreme Court, Oklahoma is arguing that the law stands against itself by following separate tracks for those States which create their own insurance exchanges (and agree to fund the attendant expansion of Medicaid), and those States that have Federally-managed exchanges imposed because they refused to participate in implementing the law (or the Medicaid expansion).

The Act specifies that only low-income residents in States that have agreed to expand Medicaid and institute their own health care exchange programs are eligible to receive the promised insurance premium subsidies. Residents of States that don’t participate in Obamacare, by contrast, are not eligible to receive those subsidies – even if they buy Obamacare insurance plans through the Federal exchange program.

Merrill Matthews at Forbes explained back in July how Oklahoma is arguing that dichotomy knocks part of the Obamacare law out of step with its own requirements:

The liberals writing the law assumed the vast majority of states would create their own exchange. But just to make sure, they included a “carrot” that clearly says that the federal subsidies are available ONLY in the state-created exchanges, not in the federal-state partnerships or the federally created exchanges.

However, 34 states have decided not to play the ObamaCare game and opted for a federally created exchange or the partnership, which means the federal subsidies will not be available to millions of middle- and lower-income workers in those states.

And without the subsidies, insurance would become “unaffordable” under ObamaCare for the vast majority of those families. They would thus be exempted from the mandate to have coverage, and their employers would be exempted from the penalty for not providing it.

In other words, the most draconian part of ObamaCare would essentially be defunded. Bingo!

Oklahoma is suing the feds to establish this point.

There are other aspects to the lawsuit, involving the IRS’ punitive enforcement measures against large employers, which National Review has nicely summarized.

A Federal judge overruled the government’s contention that Pruitt lacked standing to proceed with the suit in August.

Will Oklahoma continue to fight this battle alone?

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Oct 13, 2013 09:47:19   #
JimMe
 
Hope Upon Hope Oklahoma Continues Their Suit Against ACA-ObamaCare

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Oct 13, 2013 12:46:33   #
archie bunker Loc: Texas
 
bmac32 wrote:
Oklahoma Attorney General Scott Pruitt’s year-old lawsuit to bring down the Patient Protection and Affordable Care Act is beginning to receive more attention now that Obamacare has endured the first week of its square-wheeled rollout.

Taking a different approach than that employed by the 28 States that lost a Constitutional argument before the Supreme Court, Oklahoma is arguing that the law stands against itself by following separate tracks for those States which create their own insurance exchanges (and agree to fund the attendant expansion of Medicaid), and those States that have Federally-managed exchanges imposed because they refused to participate in implementing the law (or the Medicaid expansion).

The Act specifies that only low-income residents in States that have agreed to expand Medicaid and institute their own health care exchange programs are eligible to receive the promised insurance premium subsidies. Residents of States that don’t participate in Obamacare, by contrast, are not eligible to receive those subsidies – even if they buy Obamacare insurance plans through the Federal exchange program.

Merrill Matthews at Forbes explained back in July how Oklahoma is arguing that dichotomy knocks part of the Obamacare law out of step with its own requirements:

The liberals writing the law assumed the vast majority of states would create their own exchange. But just to make sure, they included a “carrot” that clearly says that the federal subsidies are available ONLY in the state-created exchanges, not in the federal-state partnerships or the federally created exchanges.

However, 34 states have decided not to play the ObamaCare game and opted for a federally created exchange or the partnership, which means the federal subsidies will not be available to millions of middle- and lower-income workers in those states.

And without the subsidies, insurance would become “unaffordable” under ObamaCare for the vast majority of those families. They would thus be exempted from the mandate to have coverage, and their employers would be exempted from the penalty for not providing it.

In other words, the most draconian part of ObamaCare would essentially be defunded. Bingo!

Oklahoma is suing the feds to establish this point.

There are other aspects to the lawsuit, involving the IRS’ punitive enforcement measures against large employers, which National Review has nicely summarized.

A Federal judge overruled the government’s contention that Pruitt lacked standing to proceed with the suit in August.

Will Oklahoma continue to fight this battle alone?
Oklahoma Attorney General Scott Pruitt’s year-old ... (show quote)
Wow! Thanks for posting that! Where are the other states on this? Come on Texas! The big game (U.T. vs.O.U.) is over! We need to help out here! This law is not about healthcare, it's about control and redistribution of wealth. Kind of odd how it won't hurt the truly wealthy much.

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Oct 13, 2013 16:23:48   #
bmac32 Loc: West Florida
 
The wealthy will not be hurt, the poor will benefit and the middle class will slowly fade away.



archie bunker wrote:
Wow! Thanks for posting that! Where are the other states on this? Come on Texas! The big game (U.T. vs.O.U.) is over! We need to help out here! This law is not about healthcare, it's about control and redistribution of wealth. Kind of odd how it won't hurt the truly wealthy much.

Reply
Oct 13, 2013 17:05:47   #
archie bunker Loc: Texas
 
bmac32 wrote:
The wealthy will not be hurt, the poor will benefit and the middle class will slowly fade away.


You're right. Nowadays everyone is seperated by " class". Upper, middle, and low. It seems like the government has decided three is too many. Or maybe we'll have the rich, the politically powerful, the poor who won't work, and the worker bees in between to support it all. What the hell am I thinking? WE ARE THERE! I don't mind carrying my own water, but this is just plain stupid!

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Oct 13, 2013 17:22:51   #
bmac32 Loc: West Florida
 
Believe classes have been around for a long time but more and more are losing their jobs then homes. Right now we have 7 house in the area for sale 5 of which job looses. People acoss the street will be next because they have very little business.



archie bunker wrote:
You're right. Nowadays everyone is seperated by " class". Upper, middle, and low. It seems like the government has decided three is too many. Or maybe we'll have the rich, the politically powerful, the poor who won't work, and the worker bees in between to support it all. What the hell am I thinking? WE ARE THERE! I don't mind carrying my own water, but this is just plain stupid!

Reply
Oct 13, 2013 17:26:12   #
LurkingTom Loc: North Dakota
 
archie bunker wrote:
You're right. Nowadays everyone is seperated by " class". Upper, middle, and low. It seems like the government has decided three is too many. Or maybe we'll have the rich, the politically powerful, the poor who won't work, and the worker bees in between to support it all. What the hell am I thinking? WE ARE THERE! I don't mind carrying my own water, but this is just plain stupid!


:thumbup:

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Oct 14, 2013 07:20:12   #
snowbear37 Loc: MA.
 
archie bunker wrote:
You're right. Nowadays everyone is seperated by " class". Upper, middle, and low. It seems like the government has decided three is too many. Or maybe we'll have the rich, the politically powerful, the poor who won't work, and the worker bees in between to support it all. What the hell am I thinking? WE ARE THERE! I don't mind carrying my own water, but this is just plain stupid!


obummer and the democrats want 2 classes: the rich and the "government dependent". Kind of reminds me of Russia in the "old days".

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