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Tag: Halbig v. Sebilius
By JGillman, Section News
A court case challenging taxation in states based on the ACA (AKA Obamacare) will likely reveal our successful effort to stop a state run exchange to be well worth the time.
We have apparently inoculated ourselves. In the complaint Halbig v. Sebelius it is shown that an application of the law as-it-is-written means Michigan taxpayers are NOT eligible for subsidies, and NOT subject to the tax (penalties) assessment for failure to obtain insurance. Netright daily reports:
"Under the specific language of the law, tax subsidies (and tax penalties) on individuals and employers only apply in states that created these exchanges. It's right there in black-and-white -- as the availability of subsidies was expressly confined to qualified plans enrolled "through an Exchange established by the State."And as noted further in the article, there was an expectation for the states to roll over and capitulate with the new exchange money promise.
The plaintiff argument on this point is clearly stated starting at about page 10 of the document.
A big THANK YOU to those who stood firm in their resolve against the state run exchange will be repeated as this case moves further along and the act is found even more unworkable as the miserable failure spawned by overreaching NEO-Democrat (read fascist/socialist) operatives in power. It was theirs. Let it remain owned by those who have no understanding of the constitution.
Recall that NOT a single (not even the squishy ones) Republican voted for this garbage.
A shame there was an attempt by a so called Republican governor in Michigan to punish us all through participation with such schemes.
(3 comments) Comments >>
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