Republican AGs rejoice at Obamacare ruling

WASHINGTON (Legal Newsline) – The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion Tuesday that held a part of President Barack Obama’s health care plan is invalid.

Circuit Judge Thomas B. Griffith and Senior Judge A. Raymond Randolph voted in the majority, with Griffith authoring the majority opinion and Randolph authoring a concurring opinion.

Senior Judge Harry T. Edwards authored his dissenting opinion.

“After resolving several threshold issues related to its jurisdiction, the district court held that the [Affordable Care Act']‘s text, structure, purpose and legislative history make ‘clear that Congress intended to make premium tax credits available on both state-run and federally-facilitated Exchanges,’” Tuesday’s opinion states.

“Our review of the orders is de novo, and ‘[o]n an independent review of the record, we will uphold an agency action unless we find it to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’”

Because we conclude that the ACA unambiguously restricts the section 36B subsidy to insurance purchased on exchanges ‘established by the State,’ we reverse the district court and vacate the IRS’s regulation.”

Republican attorneys general released statements in support of the court’s decision.

To learn more about Republican AG's response to U.S. Court of Appeals for the District of Columbia Circuit issued opinion on Obamacare, visit:

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