Here’s the flaw. So far more than two dozen states have opted out of the state exchange. Tennessee, Texas, Florida and Oklahoma to name a few. President Obama and democratic leadership failed to add this same penalty to states who opt out of the state exchange in place of the federal exchange. Therefore, the dozens of states that have already opted out cannot be fined under the employer-mandate penalty. This would have left Obamacare in shambles.
So, Obama went to the IRS and had them re-write the healthcare law. However, this is unconstitutional. Only Congress can make such changes to law. A lawsuit has been making its way to the Supreme Court filed by the state of Oklahoma challenging this illegal power grab by the IRS.
I have been following this development for quite some time. Communications director for US Congressman Scott Desjalais (R-TN), Robert Jameson told me in an interview a couple months ago;
“They made a huge mistake here. Congressman Desjarlais will be taking action on the issue and watching it closely in the Supreme Court. If we are successful in upholding this as unconstitutional it will make the states who have opted out of the state run exchange very attractive to businesses who bring jobs and prosperity. It will also make Obamacare even more unsustainable than it already is, which will leave the door open to defunding it.”
Scott Pruitt, Oklahoma Attorney General, just took a major step forward in having his case heard by the Supreme Court. A federal judge in Okalahoma ruled last Monday that Oklahoma has the legal standing to sue the federal government over the subsidies in the federally run exchanges (see video above). This is the first time a federal judge has ruled against the Obama administration with regards to the Patient Care Act in quite some time. Opponents of the Patient Care Act will certainly keep a watchful eye as this story continues to develop.
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