OBAMACARE DODGES ANOTHER BULLET

obamacare-tax-creditsOn June 22, 2015, the U.S. Supreme Court decided King v. Burwell, a case involving the interpretation of the Affordable Care Act (ACA), otherwise known as Obamacare.  (King was some otherwise anonymous individual; Burwell was Secretary of Health, Education and Welfare.)  The Court’s decision preserved the availability under the Act of federal tax credits for qualifying low and middle income people buying health insurance on the insurance exchange run by the federal government, rather than on an exchanges run by a state.

The obamacare tax credits amount to insurance premium subsidies.   They may be taken in the form of a refund, which may help in visualizing the result.  If I qualify for the tax credit and you don’t, part of the tax you pay goes to me, so you are essentially paying part of my insurance premium.  Furthermore, if you do qualify for the tax credit, but you don’t buy your insurance through an exchange, you pay a penalty.

If you are a believer in income equality or feel that in principle everyone should have health insurance (whether your feeling is ethically, religiously, or economically based), you are probably happy about this.  On the other hand, if you are opposed to big government and a big believer in self-reliance, it amounts to loathsome income redistribution by taxation.

Disregarding the legal arguments advanced by each side, it’s pretty clear that the Obama administration was in the first camp, while Mr. King and his lawyers, and the folks paying their bills, were in the second.  Because this article is on a legal website, we turn to the legal arguments without saying much about the politics.

The decision turned on applying the rules of statutory interpretation to one phrase in the voluminous statute: “an Exchange established by the State.”  The first rule of statutory interpretation is the plain meaning rule; that words in a statute should be taken at their plain meaning.  The second rule is that ambiguous words should be interpreted, and interpreted in their context.

Here is the trick. If you focus on the context instead of the word, you may convince yourself that a word unambiguous when standing alone is ambiguous in its context.  Then you may disregard its plain meaning in favor of what you think the context requires.  If, for whatever reason, you like the result of doing so rather than the plain meaning result, you decide against the plain meaning.  That is what happened, for better or for worse, in King v. Burrell.

The word state is a defined term in the ACA, and therefore it is capitalized throughout.  It is defined as a state of the United States, which excludes the federal government.  In short, by definition the federal government cannot be a state.  Obamacare specifically says that a person gets the tax credit when he buys health insurance through “an Exchange established by the State.”  Standing by itself, the plain meaning of State cannot be denied – no state exchange, no tax credit.  A few weeks after the ACA was passed, its principal architect was videotaped saying exactly that.

To continue reading about this subject please visit our website below:

http://stanprowse.com/obamacare-tax-credits

By:  Stanley D. Prowse

San Diego housing association requiring proof of marriage

A recent proof of marriage question:

Premarital-17280771My parents eligibility in the San Diego housing program now requires proof of marriage by the housing association of San Diego. This appears to be a new requirement as they have never requested it before. My parents were Cambodian refugees who escaped the war in Cambodia over 30 years ago and have no documents from their lives there, least of all any marriage documents. I thought they were in a common law marriage but found out that particular law isn’t valid in California. They never filed for a marriage certificate while in America but have gotten their citizenship. On their certificate it states that they are married. Is that enough proof of marriage? If not, what recourse can be taken?

Our Answer:

I take it the “certificate” referred to is a certificate of citizenship. You won’t know whether the housing association will find it acceptable until you ask them, so ask them. If they don’t, it’s simple enough, and I hope quick enough, for your parents to just get married here. Getting married again here, if they were already married in Cambodia, won’t do any harm.

Please visit our website for more Marriage Information:

http://stanprowse.com/premarital-agreements-california

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