OBAMACARE UPDATE: The lawsuit filed against the PPACA (Obamacare) by Oklahoma Attorney General E. Scott Pruitt is the one lawsuit that arguably contains more merit than any other case currently pending against the PPACA. Here’s what, in part, the lawsuit states.
Mr. Pruitt’s case correctly calls the IRS out for it’s illegal action taken in 2011 where they wrote new law – which they can not do (only Congress can write new law). In 2011, the IRS illegally wrote a new law to bridge the gap between section 1311 and 1321 of the PPACA (a.k.a. Obamacare). As the PPACA was originally written, the IRS is ONLY empowered to provide ‘Advance Health Insurance Tax Credits’ (to artificially lower the cost of PPACA approved health insurance) and to penalize employers who do not provide PPACA approved health insurance in states that have agreed to open a state-based health insurance exchange. As described in section 1311 of the PPACA.
As of today, 26 states have wisely rejected a ‘state-based’ PPACA health insurance exchange. As you may know, the PPACA allows HHS to violate the 10th amendment of the U.S. Constitution and establish a health insurance exchange in these 26 states anyway. Whether the governor or legislature in that state agrees to it or not.
These kinds of PPACA health insurance exchanges are called ‘Federal Fall Back‘ exchanges. These exchanges are described in section 1321 of the PPACA. Section 1321 does not authorize the IRS to provide “Advance Health Insurance Tax Credits’ nor does it authorize the IRS to penalize employers for not offering PPACA approved health insurance in states that have rejected a ‘state-based’ health insurance exchange. And, in turn has a ‘Federal Fall Back‘ exchange installed whether they want one or not.
Michael Cannon from CATO breaks this down in detail in the video below:
More on this important and recently amended lawsuit here: http://www.oag.state.ok.us/oagweb.nsf/0/AC5276FEB11B775586257A7E006F7025!OpenDocument