The IRS Is Attempting An Illegal End-Run Around States Opting Out Of Obamacare

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Several states, North Dakota among them, have chosen to opt out of the Obamacare health care exchanges for a lot of excellent reasons.  The argument for implementing the exchanges from Obamacare apologists is that state-implemented exchanges somehow represent local control.  Which is an illusion.  The states can only establish exchanges that meet guidelines met by the federal government.  There is no local control.  There is only the option for the states to saddle themselves with the obligation to pay for the exchanges.

That’s not a good deal for the states.

But another advantage is that states refusing to implement exchanges is that it throws a monkey wrench in the implementation of Obamacare as a whole.  The text of Obamacare allows only state-created exchanges, not federal exchanges, to distribute subsidies and credits for health insurance.  “Without these bureaucracies, Obamacare cannot work,” writes Cato’s Michael Cannon, and he’s right.

What’s more, while the Supreme Court may have upheld Obamacare as constitutional, the majority of justices did strike down a portion of the law allowing the federal government to punish states for not implementing Obamacare by withholding federal funding.

What’s troubling, though, is that the Obama administration, by way of the IRS, is attempting to circumvent these state opt-outs:

The president’s health care law attempted to coerce states into administering its vast new health care entitlement by offering huge subsidies if states would set up “exchanges,” new health care bureaucracies.  The Democrats who wrote the law thought every state would be eager to do it – but many states have chosen not to.

Now the IRS is attempting to illegitimately rewrite the law to force states that lawfully opted out back in by allowing subsidies to flow through federal exchanges.  And the IRS is claiming companies must pay penalty taxes of thousands of dollars per employee – even if their state lawfully opted out.  It’s literally taxation without representation – and it’s happening in secret, without the American people having a voice.

Senator Ron Johnson is seeking to protect states who have opted out by introducing Senate Joint Resolution 48.

If Americans want to protect their states’ right to opt-out of Obamacare they must contact their members of Congress and tell them to support Senator Johnson’s legislation.

Rob Port is the editor of SayAnythingBlog.com. In 2011 he was a finalist for the Watch Dog of the Year from the Sam Adams Alliance and winner of the Americans For Prosperity Award for Online Excellence. In 2013 the Washington Post named SAB one of the nation's top state-based political blogs, and named Rob one of the state's best political reporters. He writes a weekly column for several North Dakota newspapers, and also serves as a policy fellow for the North Dakota Policy Council.

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  • mikemc1970

    I’m not particularly surprised by this move. This is pretty much the modus operandi of this administration, to do things on the edge of legality and sometimes beyond (fast & furious). To cut through the back alley rather than allowing the public to see what is being done to them openly. To suppress speech or information that dissents or even just slightly veers from the Obama talking points with warnings, threats, and litigious coercion. Quite simply, we have a thug administration.

  • http://flamemeister.com flamemeister

    If Obama is elected you will no longer see these end-runs and subterfuges. It will all be straightforward and up-front.

    • SigFan

      Straight-up dictatorship if he gets another four years. And there’s no small number of useful idiots that would be just fine with that.

      • Hannitized, Proofs obsession

        ^^^^ useful idiot

        • Onslaught1066

          Yes, you are.

          What’s your point, tiki troll of the kiddie porn pool?

          • SigFan

            He really didn’t need to declare himself – we were already aware of it, though in his case it would be better if he left out the useful.

          • http://flamemeister.com flamemeister

            He was simply introducing himself to new bloggers. Ease up.

          • SigFan

            My bad.

          • mikemc1970

            No way. Door stops are useful, so are hockey pucks, paper weights, and ballast. I have no doubt Hanni could be just as useful as any of those things.

          • http://flamemeister.com flamemeister

            I think he prefers hockey puck, but manure-generator, fish-bait (bottom-feeders), and psychiatric grand-rounds patient are other career possibilities.

          • Onslaught1066

            especially as ballast.

          • $8194357

            Shark bait or zombie bait.
            A multi tasker for sure..
            Zombies eat brains so they may starve but the
            shark will eat anything..

        • leh

          The poor usful idiot seems to understand what a lot of you “intelectuals” don’t get!

    • Hannitized, Proofs obsession

      We heard all of these lies, from conservatives, four years ago. We saw nothing from Obama that was unconstitutional or illegal. We never saw an Obama administration take over of government and were not a Socialist country, any more than we were under bush.

      It’s called being smarter than you, and being one step ahead of you. Now you can go cry, bitch and moan about it, that’s fine. But don’t kid yourself, you aren’t smarter than this administration or anyone in it.

      • $8194357

        (It’s called being smarter than you, and being one step ahead of you.)
        And it is obviously delusionsal dr. phil..

      • leh

        If one doesn’t blow his own horn, who will???????

      • donwalk

        Let us start with these activities and your justifications:
        Operation Fast and Furious, the Obama administration ordered gun storeowners to illegally sell thousands of guns to criminals. Obama then claimed “Executive Privilege” while at the same time claiming not to know anything about Fast and Furious.
        In June 2010, the New York Times reported that Obama administration officials had held hundreds of meetings with lobbyists at coffee houses near the White House, in order to avoid the disclosure requirements for White House visitors.
        Obama had federal agents raid the Gibson guitar factory, order the employees to leave, and seized guitars and other property from the factory, all without any charges being filed. Later it was reported that no U.S. laws were broken, but that Gibson had broken laws from India. Henry E. Juszkiewicz, the CEO of Gibson, was a Republican donor, and Chris Martin IV (the CEO of C.F. Martin & Company), Gibsons’s competitor was a Democratic donor.

        • Hannitized, Proofs obsession

          Oh brother! Are you sure the FBI raid of Gibson Guitars wasn’t due to the fact that Henry E. Juszkiewicz is a meat eater, or because he puts his pants on with his right leg first?? Give me a break! Your claims are specious and bogus. Gibson broke the law, specifically the Lacey act, and that’s a fact. The executives are lucky they settled, or they could have been charged with a felony and jailed. To blame their crimes on Obama, as some form of government take over or unconstitutional act, is beyond even the dumbest of birther claims, because it’s provably false.

          As to the claims of the Fast And Furious, those are simply bungled efforts to fight crime. It happens and those who made mistakes will be punished, but it’s not a take over of government and again, it’s not unconstitutional.

          None of your claims rise to the level of accusations that were made against Obama when he ran four years ago, nor do the claims of today hold any water. It’s just Tea Party kookiness.

          • donwalk

            “Those will be punished for your bungled efforts in fast and furious?” Name one individual who has been suspended, terminated or charged with any crime? Why would B.O. claim executive privilege if he knew nothing about it and he wanted to hold someone accountable? Why hasn’t anyone been held accountable after twenty-six months (26)?

            New release concerning Gibson Guitar – please notice the third (3rd) paragraph. Three years after federal agents carrying automatic weapons raided the Gibson guitar factory in Nashville — the first of two federal raids — the company has agreed to settle Justice Department allegations that it violated the federal Lacey Act, which bans the importation of endangered wood products. The Justice Department will not bring criminal charges against Gibson related to the company’s purchase and importation of ebony and other exotic woods from Madagascar and India. In return, Gibson admitted that it had failed to ensure that the exotic wood it was purchasing from its supplier had been legally harvested and exported. Gibson has agreed to pay a $300,000 penalty to the U.S. government, and it also has agreed to make a “community service payment” of $50,000 to the National Fish and Wildlife Foundation — to be used on research projects or tree conservation activities. The Fish and Wildlife Service conducted the investigation. Henry E. Juszkiewicz, the CEO of Gibson, was a Republican donor, and Chris Martin IV (the CEO of C.F. Martin & Company), Gibsons’s competitor was a Democratic donor.
            This one was from your favorite boot-licking, Liberal paper yet you fail to stand behind them? In June 2010, the New York Times reported that Obama administration officials had held hundreds of meetings with lobbyists at coffee houses near the White House, in order to avoid the disclosure requirements for White House visitors. How’s that boot polish tasting now days?

            Subject: [ndsayanything] Re: The IRS Is Attempting An Illegal End-Run Around States Opting Out Of Obamacare

  • Hannitized, Proofs obsession

    Just like you lied about Obamacare being unconstitutional, so are you lying about the IRS acting in an illegal manner.

    Qualifier: There’s always the possibility you weren’t lying, we can’t eliminate the fact that your limited intellect clouds your ability to see things clearly.

  • Xiaoding

    Yeah…all this is just way, way too vague, to take seriously at this point. Sounds like a false flag op.

  • sbark

    Doesnt even stop at state level……think global health care cost controls
    In a recent article in the New England Journal of Medicine (NEJM), several prominent Obamacare supporters have called for a binding “global spending target for both public and private payers.” In regular English, this means a government-enforced cap on how much Americans may spend in aggregate on their health care, both public and private. The co-authors of this article include former Obama administration officials Dr. Ezekiel Emanuel (former White House health care advisor and brother of Rahm Emanuel, former White House chief of staff), Dr. Donald Berwick (former head of Medicare), and Peter Orszag (former budget director).
    The authors argue that current Obamacare cost controls do not go far enough. Although Obamacare will reduce government-sector health spending (e.g., Medicare and Medicaid), insurers and medical providers will simply shift those costs onto the private sector. To properly control health care costs (they claim), the government must therefore also control private health spending.

    • $8194357

      Global social engineers been at it for a couple of hundred years now..
      The “Illuminist search for Utopia” (Eden)…

      Marx codified Illuminist ideology into communist terms…
      Cultural marxism was codeified by Alinskys social justice war cry…

      Elitists olagarchy engineering their rule over the masses…
      And that is what it really is..

  • Harold

    Obama has given so many exemptions to his friends in high places who have now decided they don’t want Obama care, it leaves a smaller pool to pay for it when the rest of us who aren’t his political cronies will be asked to fork over for everyone in the final pool.

    • $8194357

      Yeah alot of crony leftists opted out didn’t they..

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