The IRS Scandal … It’s Baaack …


The Obamacare-IRS Scandal

From: Judicial Watch’s Weekly Update, January 16, 2015, read the whole report HERE.


We should be thankful that it’s not rusty and a foot long.

There is a lawsuit that could bring President Obama’s federal healthcare crashing down under the weight of its own lawlessness. A few weeks ago, we filed an amicus brief in support of plaintiffs who are making the plain obvious point to the United States Supreme Court that President Obama (or any other president) should not be permitted to rewrite federal statues in brazen violation of the U.S. Constitution’s separation of powers.

The plaintiffs in David King et. Al. v. Sylvia Burwell are appealing a July ruling by the U.S. Court of Appeals for the Fourth Circuit that found the broad application of Obamacare subsidies were proper and lawful. The suit names the IRS, the Department of Health and Human Services and the U.S. Treasury Department as defendants.

At its heart, the lawsuit is over what words mean and whether the government can, under the logic of Orwellian doublethink, change the meanings of words such as “State.”  Under Section 36B of the Affordable Care Act (ACA), otherwise known as Obamacare, tax subsidies are restricted to individuals who purchase health insurance “through an Exchange established by the State under 1311 of the Patient Protection and Affordable Care Act.” Similar wording occurs in eight other locations throughout the ACA. In establishing the regulations governing the tax subsidies, however, the Obama administration declared that the phrase “Exchange established by the State” refers to state exchanges, regional exchanges, subsidiary exchanges, and a federally-facilitated exchange. In our brief, we argue that the decision by the Internal Revenue Service (IRS) to extend ACA tax credits to individuals purchasing healthcare through federal exchanges “does not harmonize with the clear purpose of Congress” and could jeopardize the balance of powers.

Once again, the fundamental question here is should a president be permitted to ignore federal law? This question was addressed in a critical 2013 decision (In Re Aiken County) from the U.S. Court of Appeals for the District of Columbia, which said that “[u]nder Article II of the Constitution and relevant Supreme Court precedents, the President must follow statutory mandates so long as there is appropriated money available and the President has no constitutional objection to the statute.”

The DC Circuit opinion raised fundamental constitutional concerns about allowing a president to ignore federal law, and JW’s lawyers point to the Supreme Court to this key point from the decision:

It is no overstatement to say that our constitutional system of separation of powers would  be significantly altered if we were to allow executive and independent agencies to disregard federal law…Our decision today rests on the constitutional authority of Congress and the respect that the Executive and the Judiciary properly owe to Congress…

So, the stakes are clear. If the Obama administration has its druthers, our constitutional system could be significantly altered to the point where it no longer has any meaning and our elected representatives in Congress no longer have any say in our public policy. Team Obama seeks to replace congressional policy choices about who is eligible to receive refundable tax credits with their own policy preferences. In our constitutional system, this kind of action should be a non-starter.  The plain language of the Obamacare law show there is no ambiguity as to what Congress intended, and we highlight that Congress’ decision to:

“provide refundable tax credits only to individuals who purchase health insurance coverage through an Exchange established by one of the states was Congress’ attempt to strongly encourage states to establish Exchanges…Authorizing the receipt of refundable   tax credits to individuals who purchase health insurance through an Exchange established by the federal government would not incentivize the states to create Exchanges; quite the opposite in fact. Therefore, the IRS Rule therefore directly contradicts Congress’ policy choice.”

If the Supreme Court rules against the Obama administration, an estimated 87 percent of individuals who enrolled through the website could lose their taxpayer-provided subsidies. Insurance on the Obamacare website is unaffordable to most without taxpayer subsidies. That’s why this case could deal a death blow to Obamacare.

Jonathan Gruber, the controversial Massachusetts Institute of Technology economist and Obamacare architect, has helped proponents of the truth.  Gruber spilled the beans during a January 18, 2012, presentation at a conference sponsored by Noblis (a non-profit government contractor). It was during this presentation that Gruber confirmed that if states did not set up their own exchanges, the federal government would not give their health care applicants income tax subsidies.

To quote another federal court which looked at this whole corrupt mess and also ruled against Obama’s lawless misuse of the IRS to dole out Obamacare exchange subsidies contrary to law, the Obama administration’s legal position “leads us down a path toward Alice’s Wonderland, where up is down and down is up, and words mean anything.”

Orwell and Lewis Carroll would both recognize and recoil in horror at the abuse of law, logic, and language by the Obama administration.  The dishonest despotism of the Obama presidency is now before the Supreme Court.  The High Court ought to consult Carroll’s work for how to describe this president’s absurd claim that “State” means “Federal”:

“Contrariwise,’” continued Tweedledee, “if it was so, it might be; and if it were so, it would be; but as it isn’t, it ain’t. That’s logic.”

If “logic” holds any sway with its justices, the Supreme Court will uphold Obamacare against this president’s attack upon it. And in upholding Obamacare, a law based on lies and economic fantasies, the Supreme Court may help hasten its legitimate end.

Boy, if that Tweedledee quote from Lewis Carroll doesn’t describe the logic inflicted on the American public by the Obama administration, I don’t know what does …


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12 Responses to The IRS Scandal … It’s Baaack …

  1. Kathy says:

    Most of the time, using logic and the Supreme Curt in the same sentence makes for an oxymoron.

    If Ginsburg can stay awake long enough and manage to wrap her head around this, we’ll probably see even more twisted logic to keep this albatross for years to come, although I’m still hoping for the deathblow.

    • Garnet92 says:

      Totally agree on the SC oxymoron comment Kathy. It’s still hard for me to believe that anyone can read the plain text of the description of the exchanges AND hear the comments of Professor Gruber, and come to any other conclusion than the Federal Exchanges are unconstitutional – PERIOD. And thus, a death blow to Obamacare.

  2. captbogus2 says:

    Should a president be able to ignore federal law? Should an entire government be able to ignore federal law should be the question.
    THERE ARE LAWS AGAINST ILLEGALLY ENTERING THE COUNTRY yet no one in the government, no matter the political caricature, seems interested in enforcing those laws. The one side because they see future votes while the other sees business leaders who hire illegals supplying campaign donations…

    • Garnet92 says:

      Those are obviously rhetorical questions since you KNOW the answers to them. It is a monument to the lawlessness of this administration that we have so many cases of their complete and utter contempt of the law. They (Omaumau) know what the law is, they just choose to ignore it. Impeachment is too good for him. Thanks capt.!

      • captbogus2 says:

        Sorry about the rhetorical questions but rhetorical questions are the easiest way to set the stage for what I want to say, sometimes.

        • Garnet92 says:

          No apologies capt! I loved them. I wasn’t chiding you for them, just acknowledging that we all knew the answers already! They were perfectly appropriate!

  3. Clyde says:

    Look how well depending on SCOTUS to kill Obamacare in the first goddamn place worked. Does anyone believe they will overturn it, thus admitting they were WRONG the first time around ? I sure as shit don’t . Good, but maddening post, Garnet.

    • Garnet92 says:

      Yeah Clyde, they kinda backed themselves into a corner didn’t they? If that turncoat Roberts had done the right thing originally, he would have saved the country a lot of grief.

  4. Hardnox says:

    Good post but I’m with Clyde.

  5. upaces88 says:

    Sounds like it will be “Hurry up and wait.”
    I don’t trust the Supreme Court anymore.

    • Garnet92 says:

      That is a really disturbing fact, we don’t trust any of our governmental “leaders” or agencies any more. We, the people haven’t changed, our government has.