Suit in Oklahoma could knock out ObamaCare
...Adler and Cannon studied the actual text of the law — something Congress never did — and found that it explicitly provided a subsidy only to those who receive their insurance through state exchanges. Indeed, the subsidies and tax credits were intended to be the carrot that induced states to set up exchanges rather than force the feds to set up their own.
The Internal Revenue Service has ruled that the language of the statute should be “interpreted” to extend the subsidies to those enrolled in state or federal exchanges, but that’s not what the law says. Section 1401 of the act, according to their article, “authorizes premium-assistance tax credits and makes them available only through state-run Exchanges.”
The section says that taxpayers may receive a tax credit only if “the taxpayer is covered by a qualified health plan ... that was enrolled in through an Exchange established by the State under section 1311 of the Patient Protection and Affordable Care Act.”
Adler and Cannon argue that “by its express terms, this provision only applies to exchanges ‘established by a state’ and ‘established ... under Section 1311.’ Section 1401 further emphasizes that tax credits are available only through Section 1311 exchanges.” ...
...Unfortunately for President Obama, the statute implies no such thing. It is not only silent on any subsidies for federal exchanges, it is clear that the subsidies were intended to encourage states to set up exchanges....
Obamacare's winners and losers in Bay Area
Cindy Vinson and Tom Waschura are big believers in the Affordable Care Act. They vote independent and are proud to say they helped elect and re-elect President Barack Obama.
Yet, like many other Bay Area residents who pay for their own medical insurance, they were floored last week when they opened their bills: Their policies were being replaced with pricier plans that conform to all the requirements of the new health care law.
Vinson, of San Jose, will pay $1,800 more a year for an individual policy, while Waschura, of Portola Valley, will cough up almost $10,000 more for insurance for his family of four....
