Whipsaw: 4th Circuit upholds Obamacare federal exchange subsidy after D.C. Circuit rejects
Split in Circuits virtually guarantees Supreme Court will take case....
Split in Circuits virtually guarantees Supreme Court will take case....
Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (ACA or the Act), makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces—known as “American Health Benefit Exchanges,” or “Exchanges” for short—that are “established by the State under section 1311” of the Act. 26 U.S.C. § 36B(c)(2)(A)(i). On its face, this provision authorizes tax credits for insurance purchased on an Exchange established by one of the fifty states or the District of Columbia. See 42 U.S.C. § 18024(d). But the Internal Revenue Service has interpreted section 36B broadly to authorize the subsidy also for insurance purchased on an Exchange established by the federal government under section 1321 of the Act. See 26 C.F.R. § 1.36B-2(a)(1) (hereinafter “IRS Rule”). Appellants are a group of individuals and employers residing in states that did not establish Exchanges. For reasons we explain more fully below, the IRS’s interpretation of section 36B makes them subject to certain penalties under the ACA that they would rather not face. Believing that the IRS’s interpretation is inconsistent with section 36B, appellants challenge the regulation under the Administrative Procedure Act (APA), alleging that it is not “in accordance with law.” 5 U.S.C. § 706(2)(A). ....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.What problems does this create? Massive. All the millions of people who signed up for Obamacare on the federal exchange -- and the true numbers were disputed -- expecting to get tax credits as subsidies now will not get those subsidies. A year-long effort to get people to sign up for Obamacare on the federal exchange will be in peril. Here's how The Washington Times summarized the effect prior to the decision, Five million Americans in for premium spikes if Obamacare challenge is successful:
Just your typical pro-Pal riot: “Jew, Jew, cowardly swine, come out and fight on your own!” http://t.co/ci8ciMjdQS via @timesofisrael
— Legal Insurrection (@LegInsurrection) July 21, 2014
Now Yair Rosenberg of Tablet Magazine has the video:
This is part of a worldwide phenomenon, and puts the lie to the claim that in modern political reality there is any difference between anti-Semitism and anti-Zionism.
So what? Run, Liz, Run!...
The seventh soldier is Sgt. Oron Shaul, 21, from Poria. We are still working to identify his body.
— IDF (@IDFSpokesperson) July 22, 2014
https://twitter.com/CiFWatch/status/491539100491866113
Hamas claims it captured IDF solider, but much more likely they have part of body, according to IDF officer I spoke to.
— Sheera Frenkel (@sheeraf) July 22, 2014
Of the 27 Israeli soldiers killed so far in Operation Protective Edge, 6 of them have been killed inside of Israel, not Gaza. In separate incidents soldiers were killed by terrorists emerging from terror tunnels:
The American effort will always be multiplied by the amount of trust between the two leaders. So if Kerry's pressure represents the number five, and then Obama's help brings the number to ten, it really doesn't matter. You're still multiplying it by zero. The final result will always be zero.The amount of trust---or distrust---between the two leaders reflects the amount of distrust between the two countries and their peoples. Peace plans sometimes have been entered into by these two groups (or Israel and other Palestinian groups) for temporary tactical reasons, but that's about it. The Palestinian government does not recognize Israel's right to exist and Hamas is a terrorist group dedicated to its destruction. But for various reasons both have become the darlings of Europe and the Left, and that helps tie Israel's hands to a certain extent. But "partners for peace" they ain't.
When U.S. troops invaded Iraq in 2003, there were at least 1.5 million Christians in Iraq. Over the last ten years, significantly in the last few months with the emergence of ISIS, that figure has dropped to about 400,000. In a region where Christians predate Muslims by centuries, over one million Christians have been killed or have had to flee because of jihadi persecution, while America is basically standing by and watching. This is the sad news that Breitbart’s National Security Editor and one of the world’s leading experts on asymmetric warfare, Dr. Sebastian Gorka, brought to Breitbart News Saturday.
New Jersey copJoseph Walker is charged with murder in the road-side shooting death of the unarmed Joseph Harvey, Jr. in Maryland...
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Note: You may reprint this cartoon provided you link back to this source. To see more Legal Insurrection Branco cartoons, click here. Branco’s page is Cartoonist A.F.Branco...
In open ground near Erez five terrorists come out of a tunnel shortly after six in the morning. They surface near the security fence and only a few hundred yards from the nearest community. An IAF aircraft intercepts them, killing all five, with no Israelis wounded. ... Near Kibbutz Nir Am, a second group of terrorists surface on the Israeli side of the border. It is not clear if they emerge from a different tunnel or a branch of the one that served the other squad, nor is the number of gunmen confirmed. The sizable squad is able to surprise a passing army jeep, ambushing it with an anti-tank missile and inflicting Israeli casualties. But with the help of Nahal troops the force is able to kill the operatives and thwart an infiltration to civilian areas or an abduction attempt.Ynet has more on this incident as well as other fighting:
It may be some time before the bodies of the victims of Malaysia Airlines flight MH 17 are returned to their families. In an exclusive interview with ABC News today, the leader of the self-declared Donetsk People's Republic said they would not be turned over until international inspectors come here to inspect them. "We can and we want to give bodies to the relatives but experts have to examine the bodies here. That is international practice," Alexander Borodai said.
Pro-Pal mob in Berlin: "fucking Jews, we'll get you!" http://t.co/2nnfBe5yFu via @JuedischeOnline
— Legal Insurrection (@LegInsurrection) July 20, 2014
"The shouts included 'Jews back to Birkenau' and 'Drop dead, you Zionazi whores.'" So very, very glad I left Boston http://t.co/MjJsfXpnsW
— benjamin kerstein (@benj_kerstein) July 20, 2014
If you go to a synagogue instead of a consulate to protest Israel you are an anti-Semite. Pogroms taking place in France. In 2014.
— Bethany S. Mandel (@bethanyshondark) July 20, 2014
Obama aides were warned of brewing border crisis Nearly a year before President Obama declared a humanitarian crisis on the border, a team of experts arrived at the Fort Brown patrol station in Brownsville, Tex., and discovered a makeshift transportation depot for a deluge of foreign children. Thirty Border Patrol agents were assigned in August 2013 to drive the children to off-site showers, wash their clothes and make them sandwiches. As soon as those children were placed in temporary shelters, more arrived. An average of 66 were apprehended each day on the border and more than 24,000 cycled through Texas patrol stations in 2013. In a 41-page report to the Department of Homeland Security, the team from the University of Texas at El Paso (UTEP) raised alarms about the federal government’s capacity to manage a situation that was expected to grow worse.