If Rule of Law is Replaced by Rule of Party, We’re in Trouble
Part of the problem is that liberals don’t care about laws.
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Now, back to the last question we got here on Obamacare, because Dan in Cincinnati had a great point. He said, “Rush, wait a minute now. The law is open and shut as it is. Why does it matter that seven out of the 11 judges might have been appointed by Democrats? What possible way are they gonna have to overturn this?” I said, “That’s easy.
“All they’re gonna have to do is say, ‘No reasonable person would have ever expect Congress to exclude some citizens from the subsidy program in Obamacare. Congress would have never intended that.'” That is precisely what the Regime is gonna argue when they go to their full en banc hearing at the full DC circuit, which is 11 judges. They’re gonna say, “Eh, it’s a glitch. Congress intended…”
The response to it is gonna be, “Wait a minute, now. You guys are talking about ‘Congress’ as though they’re some enemy. The Republicans had nothing to do with this. This is your bill. You wrote it. You passed it. You didn’t get. There’s no bipartisan in Obamacare at all. The Republicans were not even invited to the party. Not that they wanted to be, but they weren’t.
“This was written, slam-dunk passed, and voted on by the Democrats exclusively — and it’s real simple. It’s ultimately simple. If Congress had intended for everybody to get subsidies, they would have said so. The law would say, “Even citizens who sign up through HealthCare.gov qualify for subsidies,” but the law does not say that. The Obamacare law specifically says that subsidies are only available to citizens who sign up for Obamacare through a state exchange.
It does not imply that everybody’s entitled to subsidies regardless where they get Obamacare. It specifically says “state exchanges.” They went out of their way to say it, and they said it for political reasons. They put it in there purposefully to put pressure on Republican governors to set up state exchanges. The thinking at the time on the part of the Democrats was they knew that Obama was not popular among Republicans, and they knew that a majority of Americans didn’t want Obamacare.
So they had to do something here in order to make it palatable, and the subsidies were a key part of it because nobody can afford this on their own except the precious, you know, maybe one, two, maybe 5% of the population. Outside of that, everybody is gonna need help. So what the Democrats did was purposefully exclude the federal exchange, which is Obamacare (HealthCare.gov), to put pressure on all the Republican governors to open exchanges.