Among the issues most commonly discussed are individuality, the rights of the individual, the limits of legitimate government, morality, history, economics, government policy, science, business, education, health care, energy, and man-made global warming evaluations. My posts are aimed at thinking, intelligent individuals, whose comments are very welcome.

"No matter how vast your knowledge or how modest, it is your own mind that has to acquire it." Ayn Rand

23 October 2014

A Clearly Rational Federal Court Decision Against the IRS Rule to Offer Subsidies on Federal ObamaCare Exchanges

Among the cases challenging the IRS rule that subsidies for individuals and tax penalties for non-complying individuals and companies would be administered in all fifty states and the District of Columbia, is the case brought by Scott Pruitt, the Attorney General of the state of Oklahoma.  Oklahoma and 35 other states did not choose to establish PPACA or ObamaCare exchanges, as the PPACA law tried to get them to do by taxing every American, but only allowing individual subsidies in those states establishing an ObamaCare exchange.  Non-complying states were to be penalized with taxes and the loss of any partial return of that tax money in the form of subsidies.  That this was the intent was very clear to those who followed the progress of the PPACA legislation through Congress.

Of course, it was also very clear that PPACA was a revenue bill which violated the constitutional requirement that it originate in the House of Representatives.  It is further clear that the only justification for the collectivist claim that the collective gets to dictate how every American maintains his or her body's and mind's health is based on a claim of collectivist ownership of everyone's mind and body.  This is a very clear and certain violation of the American Principle of a very limited government dedicated only to the protection of the equal, sovereign right of each and every individual to life, liberty, and the pursuit of happiness.  I for one am exceedingly furious that the government considers me its slave by depriving me of self-ownership and the right to pursue my own happiness.

United States District Judge Ronald A. White of the Eastern District of Oklahoma ruled on 30 September 2014 that "the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C. [paragraph] 706(2)(A), in excess of statutory jurisdiction, authority, or limitations, or short of statutory right, pursuant to 5 U.S.C. [paragraph] 706(2)(C), or otherwise is an invalid implementation of the ACA, and is hereby vacated."

Judge Ronald A. White provided a very rational decision, which is very much appreciated in light of the three judge panel in King v. Burwell who decided that they would not help the plaintiff destroy the PPACA by ruling in accordance with the language of the law.  No, instead they decided on the basis of how they claimed Congress intended the law to work while not considering the actual history even of constraints on Congress in forcing the states to comply with handing control over health care insurance to the federal government.  Neither did they consider the actual discussions and trades within Congress needed to acquire even sufficient Democrat votes to pass the bill.  Similarly, the dissenting judge on the three judge panel that vacated the ObamaCare subsidies and tax penalties in Halbig v. Burwell for the District of Columbia Court of Appeals exercised a similar flight of fancy in interpreting the PPACA.

The Honorable Ronald A. White read the bill as written and said that if Congress had intended the bill to operate otherwise, it would have written the bill differently.  What is more, if Congress decides that the application of the law as written is not what it wants, then Congress can readily pass legislation to change the law.  This is exactly the way a rational person would expect laws to be applied.  Neither the IRS nor the federal courts are the legislative body and neither has the constitutional power to enact or to change laws.  How the 3-judge panel of the 4th Circuit Court that decided the King v. Burwell case could have decided that the law was ambiguous is incredible.  What is more, if it were ambiguous, then it is up to Congress, not the IRS, to eliminate any such ambiguity.  Ridiculous consequences would result from any other principle and the People would lose all power to control any government operating as the 4th Circuit Court ruled government should work.

Unfortunately, the entire District of Columbia Circuit Court decided to rule on Halbig v. Burwell and the Democrat appointed judges are now in the majority on that Circuit Court.  They will hear the case in December.  What is more, the decision by the Honorable Ronald A. White will be appealed to the entire 10th Circuit Court on which 7 of the 12 judges were appointed by Democrats.  The case of Indiana v. IRS is also yet to be decided.  Given the otherworldly ability of Democrat-appointed judges to misinterpret clear English and to ignore the history of the passage of this law, the People of the United States may not be relieved of the ObamaCare tyranny.

But, the state of Oklahoma, Governor Mary Fallin of Oklahoma, Attorney General Scott Pruitt of Oklahoma, and the Honorable Ronald A. White of the United States District Court for the Eastern District of Oklahoma have all proved themselves Heroes for in their efforts to preserve the rights of the individual in this desperate fight to protect self-ownership against the brutal onslaught of ObamaCare.



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