The Federal Court for the Eastern District issued a ruling today that struck down subsidies for people who get their health insurance from the federal healthcare exchange. Of course, the ruling will be suspended until there is a higher ruling on it, but it follows the holding of previous district courts as well as the ruling by the D.C. Circuit Court before it was vacated to be heard en banc.
Although the ruling would essentially leave millions without health insurance, it comes from the direct reading of the Affordable Care Act (ACA or Obamacare), which says that subsidies are available for people who get their insurance from “exchanges established by the State.” The ACA defines State as the 50 states and the District of Columbia. It specifically leaves out the federal exchange and the territories.
Some may say that this is an activist judge who is making law, but I disagree. This is a judge who is actually reading the unambiguous language enacted by Congress. If Congress feels that this should be changed, then it can make an amendment to the ACA.
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Regardless, our health insurance will never return to what it was. I received my cancellation notice on the policy that I have had for three years last week. The policy that I liked was no longer compliant with the law. Being a single man, I never knew that I needed maternity coverage, and not being a smoker or involved with other vices, that I needed coverage for diseases related directly to them, but, hey, I guess Washington knows better than me what I can purchase with my own money, so I will have to find a new policy or go without coverage. But I guarantee that any new coverage will cost more than the $130 per month I was paying previously.
All of this leads to my thought on this rant: ensure that you elect officials that hold your belief, especially to the US Senate. Those Senators will be confirming or denying the judges that will ultimately decide validity to poorly written laws.