How “the case that could topple Obamacare” began

◼ link - Jonathan Adler/Volokh Conspiracy/Washington Post

On January 15, Judge Paul Friedman issued his opinion in Halbig v. Sebelius, upholding an IRS rule purporting to extend tax credits and cost-sharing subsidies for the purchase of qualifying health insurance plans in health insurance exchanges established by the federal government. The decision has already been appealed, and the plaintiffs are seeking expedited review in the U.S. Court of Appeals for the D.C. Circuit.

Halbig is one of four cases challenging the IRS rule, and a decision in at least one of the other cases (King v. Sebelius in the Eastern District of Virginia) is expected shortly.

... These cases could also have a significant impact on PPACA implementation. Newseek labeled Halbig “the case the could topple Obamacare.” That headline may have involved a bit of hyperbole, but only a bit. The reason is that, contrary to the expectations of most PPACA supporters, a majority of states refused to set up their own health insurance exchanges. Thus, if the challenges succeed and the IRS rule is struck down, there will be no federal tax credits or cost-sharing subsidies for the purchase of qualifying health insurance plans in a majority of states. Further, given the way the law is written, there will be no penalties on those employers that fail to offer qualifying health insurance to their employees either, as it is eligibility for subsidies that triggers these penalties.

◼ Volokh Conspiracy relocates... to the Washington Post. - Althouse
◼ In Brazil, you can always find the Amazon — in America, the Amazon finds you - Eugene Volokh

...We’re now trying what might be the most ambitious experiment yet: a joint venture with the Washington Post. The Post will host our blog, and pass along its content to Post readers (for instance, by occasionally linking to our stories from the online front page). We will continue to write the blog, and ◼ Volokh.com will still take you here....