Supreme Court Justices Skeptical of IRS Rewrite of ObamaCare | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Skeptical of IRS Rewrite of ObamaCare

By Jay Sekulow1425497326179

Today the U.S. Supreme Court heard oral arguments in a case that could cripple ObamaCare.

The Supreme Court has a critical opportunity to reject IRS regulations that illegally authorize tax subsidies for purchasers of health insurance on federal healthcare exchanges.

The ACLJ has filed an amicus brief in the case, King v. Burwell, arguing that “the IRS regulations are part of the Administration’s ongoing effort to rewrite or suspend portions of the ACA (Affordable Care Act), in violation of the separation of powers.”

This Executive overreach of this President is perhaps the most damaging and dangerous power play yet.

This Administration’s make-it-up-as-we-go approach to implementing ObamaCare is not only wrong but unconstitutional.

The implementation of these badly flawed IRS regulations produces a couple of very disturbing results: it makes it impossible to accomplish ObamaCare’s goal of encouraging state promotion, and secondly, it promotes the federalization of this nation’s healthcare in direct contravention of Congress’s intent.

We’re hopeful the high court moves to correct this unconstitutional catastrophe and uphold the separation of powers.

Our legal team was in the court for today’s oral arguments.  It was clear that a number of the Justices were extremely skeptical of the Obama Administration’s attempts to twist the plain meaning of ObamaCare.

A key part of ObamaCare says the subsidies are available only to Americans who enrolled “through an exchange established by the state.”  Congress was clear that the subsidies shouldn't be available to those in states without their own exchanges.

When the Obama Administration argued this result couldn’t be what Congress intended, Justice Scalia was quick to respond, “Of course it could be.”

He’s exactly right.  The law must be applied as written. That is vital to democracy. And if the law as written doesn’t work, it must be corrected through a democratic process, not regulatory fiat.

The Supreme Court should reject the Obama Administration’s contention that the intent of the law was to offer subsidies and expand coverage to Americans in every state.  The fact of the matter is that the IRS has been wrongly interpreting the law to mean Americans in every state should be eligible for the cash.

Our amicus brief is clear:

In extending tax-subsidies to purchasers of health insurance coverage on federally established exchanges, the IRS regulations rewrite a core provision of the Patient Protection and Affordable Care Act (“ACA”), without which the law would not have passed, in a direct assault on the separation of powers. Authorizing the expenditure of hundreds of billions of dollars in subsidies, as well as billions in penalties against employers and individuals, the regulations were promulgated with virtually no concern for Congressional intent or the plain meaning of § 36B.

The IRS regulations were promulgated notwithstanding the Administration’s own “indispensable expert’s” recognition that the law limited tax subsidies to insurance coverage purchased on state-established exchanges.

As with any oral argument, it is impossible to tell which way the court is leaning.  The Supreme Court is expected to reach a decision by the end of June.

We will keep you updated and continue working in the courts and in Congress to defeat the train wreck that is ObamaCare.

Defeat ObamaCare at the Supreme Court

ObamaCare  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

Take action with the ACLJ at the Supreme Court to defeat ObamaCare and have your tax-deductible gift doubled today.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.
Latest in
ObamaCare

Court Holds ObamaCare’s Individual Mandate Unconstitutional

By Laura Hernandez1577720533204

Recently, the United States Court of Appeals for the Fifth Circuit held that ObamaCare’s individual mandate is unconstitutional. As we explained earlier , the individual mandate required millions of Americans to buy and indefinitely maintain health insurance or face annual penalties. The Supreme...

read more

ACLJ Files Supreme Court Brief on the Abortion-Pill Mandate

By Geoffrey Surtees1573063448105

As explained in more detail here , the Third Circuit Court of Appeals has imposed a nationwide injunction against federal regulations that provide religious and moral exemptions to complying with the HHS abortion-pill mandate. Today, on behalf of over 415,000 ACLJ supporters , we filed an amicus...

read more

Abortion-Pill Mandate Heads Back to Supreme Court

By Geoffrey Surtees1572550614257

When the HHS abortion-pill mandate went into effect over eight years ago, the ACLJ filed the first lawsuit on behalf of a for-profit business challenging the mandate. We eventually brought suit on behalf of a total of thirty-two individuals and companies challenging the mandate in federal courts...

read more

ACLJ Files Brief Supporting Challenge to ObamaCare

By Laura Hernandez1557865863648

The American Center for Law and Justice (ACLJ) has filed an amicus brief in a suit brought by 16 states and two individual plaintiffs challenging the constitutionality of ObamaCare’s individual mandate. As you probably remember, the individual mandate required millions of Americans to buy and...

read more