Did D.C. Circuit Court just GUT Obamacare?

On Tuesday the D.C. Circuit Court seemingly gutted Obamacare, making it almost impossible for low income Americans to afford healthcare, and thus making the point of Obamacare moot.

Basically the Court found that as the law is written, only state exchanges can provide subsidies to low income buyers.


The fault lies with the people who wrote the law in the first place. They may not have meant to exclude people from getting subsidies, but the way they wrote the law means that is exactly what is happening. Which leads to this perfect tweet from one observer…

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But conservatives shouldn’t get too excited; the Obama administration is already moving to appeal to a review by the “full D.C. Circuit.”

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This is where Reid’s decision to go nuclear last year will come into play. When Harry Reid (D-NV) decided to go against 235+ years of legislative history by using the “nuclear option” in the Senate, he may not have realized it, but he was paving the way to “saving” Obamacare.


Three D.C. Circuit judges were appointed thanks in large part to the Senate going “nuclear.” Those three judges that Obama wanted and Republicans were loath to allow… will now decide if the Obamacare subsidies are legal or not. The en banc review gives the Obama administration (and Democrats) a lot of hope, while giving Republicans much cause to worry.

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Not all hope is gone for Republicans, though.

If the nation watches an unpopular law be saved by three liberal justices who Democrats had to change 230+ years of American political tradition to jam through to get appointed, it will only reaffirm the public distrust of Democrats. Obamacare surviving could lead to an even greater Republican rout in 2014 – perhaps a rout big enough to even help carry the day in 2016.

For just on example, let’s look to Oregon.

Enter Republican Senate candidate Monica Wehby. She faces an uphill battle in her bid to unseat Sen. Jeff Merkley (D-OR) in the fall. The GOP standard-bearer, a pediatric neurosurgeon, raised just half of what her opponent raked in during 2014’s second quarter. The state’s Democratic-leaning electorate, predisposed already to support the incumbent, would require a major incentive to support Merkley’s challenger which previously did not exist.

That incentive may have just arrived in the form of Halbig. The Republican firm Harper Polling found in April that a majority of Oregonians disapprove of the ACA and Halbig is only likely to put Merkley in the uncomfortable position of defending an unpopular law. A law which now provides many of his state’s health care consumers with insurance they know they will not be able to afford.

That is a story that will be repeated in battleground states all over the country. When pollsters begin to ask voters just how likely they are to vote in the coming midterms after Labor Day, expect nearly every conservative-leaning voter to reply with an emphatic, “Very.”

Take heart, conservatives… even if we lose this battle over Obamacare, we may yet still win the war.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by EagleRising.com

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