Follow Up On The Rulings By Two Courts, The IRS, And ACA Reality *Open Thread*UPDATED


Update at the end of the post.

The fallout from the two rulings on Tuesday, one by the DC Court of Appeals, widely regarded as the second most powerful court in the country, and one by the Fourth District Court of VA, both dealing with the same language of the ACA, is roiling around the country.

Many liberals are quick to jump on the second ruling, the one by the Fourth District, as the lifeline for the ACA. A quick look at to see headlines like this from Salon, Slate, and Ezra Klein, one of the original JournoListers, at Vox, respectively: “Right-wing judges push to gut Obamacare: What you should know re: Halbig case; Federal appeals panel just ruled to sharply limit ACA subsidies based on a drafting error. Here’s what happens next ;” “Obamacare Is Safe; Don’t worry, the ruling against heath care subsidies is going to be reversed.”, and “No, the Halbig case isn’t going to destroy Obamacare.” Of the three authors, only ONE, Emily Bazelon, who wrote the Slate article, “Don’t Worry…”, is an attorney.

Honestly, though, that is about what I would expect from the Left on this horrible law that was poorly crafted, poorly planned, poorly implemented, and a source of constant Constitutional overreach (read: law-breaking) by President Obama. Again, I am not an attorney, but these two are, and I think they have a better good grasp on the impact of these rulings, the law, and the Constitution:

Sorry, Ezra, I think Prof. Jonathan Turley has a much better idea of just what the impact of these two rulings are than you or any of your other JournoLister buddies have. Just sayin’. And it seems evident that the Fourth District used a very loose interpretation of the law as opposed to the actual words used in the law, which is by what the DC Court of Appeals used. There is a big, big difference there, both in terms of methodology and outcome, clearly. But the bottom line remains the same: this is likely going to the Supremes, and it will take a while to get this all worked out.

But speaking of the Fourth District, bear in mind that part of the rationale offered was that the IRS was able to implement this whole federal tax credit thing. It is incredulous to me that while we are learning about new ineptness by the IRS just about every single day, this court would prop them up with something as personal and IMPORTANT, as our health care.

Yes, just Tuesday, there was ANOTHER revelation about Lois Lerner’s emails. From the Daily Caller:

Ex-IRS official Lois Lerner’s computer hard drive was “scratched” and the data on it was still recoverable. But the IRS did not try to recover the data from Lerner’s hard drive, despite recommendations from in-house IRS IT experts to outsource the recovery project.

The hard drive was then “shredded,” according to a court filing the IRS made to House Ways and Means Committee investigators.

The IRS claims that it lost Lerner’s emails from 2009 to 2011 including emails to and from the White House, when her computer crashed in the midst of the agency’s conservative targeting program. The IRS also claimed in a transcribed interview that many other IRS employees who worked under Lerner in her Washington, D.C. department and its Cincinnati-based affiliate also experienced computer crashes that deleted their emails, bringing the total number of crash victims to “less than 20.” […] (Click here to read the rest.)

And Fourth District Judge Roger L. Gregory is willing to just leave up interpretation to the IRS on Obamacare?? Wow, he and the others are mighty trusting, or naïve, or foolish. But hey, maybe there is a chance they could be right, like the chance of a snowball lasting in hell, but hey, whatever!

Oh, and speaking of the IRS, there is YET another hearing on Wednesday, one I am sure will include the same kind of obfuscation, arrogance, denials, and lies by the IRS that we have gotten ever since the issue of the IRS targeting groups first came out.

Back to the ACA, though. With these two rulings in place, perhaps it is time to review just how well this whole law is working. There was a Letter to the Editor in our paper, the Post and Courier, just today that addressed this:

All the recent scandals going on with the “most transparent administration” have pushed the Obamacare debacle to the back page or off the radar screen. But rest assured, it’s as incompetent as ever, as witnessed by the letter my wife recently received from our esteemed “Health Insurance Marketplace.”

She went through all the delays, non-working website, etc., last fall when trying to simply get a price quote for one of the plans and then maybe sign up.

She would not provide sensitive information such as her Social Security number with all the reported hacking going on with that terrific website that we as taxpayers spent over $400 million to create.

When asked to provide identification, three different times she sent a copy of her passport.

Each time she would check on the status she was given a message that stated “identity being verified” or she needed to submit ID to verify her identity.

She received a letter dated July 3 stating, “The Marketplace has verified your identity.” She can “now go online to to complete her application or enroll in a Qualified Health Plan.”

She started Oct. 1, 2013, and it only took until July 3, 2014, to do something as simple as verify an identity.

It makes one very comfortable knowing the Obama administration wants to be in charge of our health care. Maybe not the “most transparent administration” ever, but certainly the “most incompetent.” Mike Lewis (

Never mind the breaking news that the GAO made up the identities of 12 people and submitted ACA applications. Wanna guess how many got through and got subsidies? That would be 11 (ELEVEN) of them. Doesn’t THAT make you feel better? Yeah, me neither…

The fallout will surely continue on both the ACA and the IRS. Heaven only knows how long we will have to wait to get an answer about either one of them.

This is an Open Thread.

UPDATE: Oh, friends, our Rep. Trey Gowdy was at it again today during the IRS Hearing:

So thankful we have someone like him in the Congress. And Koskinen is still as smug and arrogant as ever…

9 Responses to “Follow Up On The Rulings By Two Courts, The IRS, And ACA Reality *Open Thread*UPDATED”

  1. foxyladi14 Says:

    Good morning Amy.
    Great post I am sharing the video thanks. 🙂

  2. foxyladi14 Says:

    Hopefully this will be the end of Obamadontcare. 😀

  3. Katherine B Says:

    Excuse me for veering off the main topics here (BTW Hillary is 44 has an excellent discussion of the two court rulings on the ACA) but I just have to voice my complete and utter skepticism about the FAA ban on air travel by American carriers into Ben Gurion airport in Israel. This is nothing more than a blatant economic squeeze by Obama and that toad Kerry to get Israel to do what they want.

    What if Hamas actually did fire on a civilian aircraft landing or departing from Tel Aviv? Wouldn’t that make Hamas as despicable as the Russian separatists in Ukraine? Does anyone think (a) that Hamas would make that kind of PR blunder, or (2) that the NY Times could even bring itself to condemn Hamas if it did?

    I do not for one minute believe the FAA would close down JFK airport in NY if a missile was fired within one mile of the airport.

    I hope Israel is closing down all of its intelligence sharing with the U.S. And good for Michael Bloomberg for flying into Tel Aviv aboard an El Al flight.

    • Rabble Rouser Reverend Amy Says:

      Excellent comment, Katherine. I could not agree more. As someone on Fox noted this morning, the FAA is playing right into the hands of Hamas (can’t remeber who said it). No doubt abt it. It is despicable the way this gov’t is treating Israel, isn’t it?

      And you said it – if Hamas tries to ake down one of our planes, hell should rain down on them.

      We damn sure shouldn’t be giving them another $47 mil under any circumstances, s Kerry wants to do. I think he is making clear just hose side he is on.

      Great comment, KB!

      • Rabble Rouser Reverend Amy Says:

        A friend reminded me after seeing your comment, Katherine, that it was John Bolton who made that comment this morning abt the FAA. He was absolutely right.

        Oh, and I concur – I hope Israel shuts down its intelligence sharing, too.

        • Katherine B Says:

          I just saw that Ted Cruz came out and said he thought it was an economic boycott of Israel. Here’s some of what he said:

          “The facts suggest that President Obama has just used a federal regulatory agency to launch an economic boycott on Israel, in order to try to force our ally to comply with his foreign-policy demands,” Cruz said in a statement Wednesday, pointing to earlier comments from Secretary of State John Kerry implying Israel’s economy would suffer it the country’s occupation of Palestine continued.

          Read more:

          • Rabble Rouser Reverend Amy Says:

            Thank you so much for this, Katherine – this is absolutely spot on. We are treating our ally like our enemy, and our enemy like our close friend. It is appalling, and downright treachery on the part of this Administration…

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