Several days ago, in the case is King v. Burwell, United States Supreme Court, No. 14-114, an amicus curiae brief on behalf of Virginia Delegates Mark J. Berg, Bob Marshall, Dave LaRock and Senator Dick Black was filed in support of a challenge against the Obama Administration’s lawlessness in implementing Obamacare.[read_more]
This brief supports King’s challenge to the IRS regulations granting tax credits for persons enrolled in a Federal Exchange (often referred to as a “marketplace” to make it seem more palatable to the citizens). Under Obamacare (ACA), tax credits are only authorized if a person purchases a qualified health insurance plan through a “state” exchange. The text of the ACA in unambiguous on this point. The federal government is claiming that the President has the authority to change the law under the rule-making powers of the IRS. The President is, once again, usurping the constitutional legislative powers of the United States Congress.
“I will do whatever I can to prevent the Federal government from imposing its lawlessness on the people of Virginia,” stated Del. Berg.
If this challenge to Obamacare succeeds, it could very well lead to the complete unraveling of the entire law. Millions of people who would otherwise have gotten the illegal subsidies in a Federal Exchange would not get them, and many may simply decide to drop out of the exchange. Rates on those remaining in the Exchange would rise, causing a “death spiral,” with increasing numbers of people dropping out and continued rate increases.
“Obamacare has repeatedly proven itself to be bad law,” says Del. Berg. “If it is not totally eradicated, we will undoubtedly suffer further disastrous effects. In the long run, no one can avoid being hurt by Obamacare. We must get off this road to socialized medicine, and the sooner we do so, the less painful it will be.”
As you will recall, On June 12, 2014, Senator Black led a surprise conservative revolt against Medicaid expansion. Black rallied the support of the General Assembly and blocked Governor McAuliffe from expanding Medicaid on his own. According to Senator Black, King’s case is the most serious threat to Obamacare since the law squeaked through in 2011, during a lame-duck session of Congress. Not a single Republican in either the House or the Senate voted for the bill, and many Democrats who voted for passage had already lost reelection bids because of public dissatisfaction with Obamacare.
“This is a challenge that threatens the very survival of Obamacare.” Black said. “That scheme cannot exist without the payment of government credits. But the statute repeatedly says that credits are only paid to exchanges ‘established by the State.’
“A Supreme Court ruling in our favor would collapse Obamacare entirely.”
The Supreme Court has agreed to consider King v. Burwell. USA Today said that the case has a 50-50 chance of succeeding. It said that if the seven million people requiring subsidies drop out, “. . . insurers would be forced to raise rates on everyone else, and the entire economic model behind Obamacare could collapse.”
In May of 2012, the IRS issued regulations in an attempt to save the law. However, according to Senator Black,
“Saving Obamacare requires the U.S. Supreme Court to rule that a federal agency like the IRS can issue regulations that overrule explicit language in a federal law. This would be an unprecedented transfer of power from the Congress to the Executive Branch of government. Obamacare has been a socialist failure from the beginning and it needs to be replaced with free market solutions.”