Two federal courts ruled today on Obamacare.
First, the US District Court of Appeals ruled that the federal exchange subsidies are illegal. Later in the day, the Fourth Circuit Court of Appeals ruled that the IRS could issue subsidies in the federal exchange.
The Fourth Circuit said the Act's language was “ambiguous” but deferred to the IRS to implement the law according to how the agency decides.
As a result of the conflicting rulings, the cases look to be heard by the Supreme Court. This may open the door to a wide challenge to several laws.
Several recent laws (Obamacare, Dodd/Frank, Sarbanes-Oxley, etc) pushed a large amount of the law's formulation into the hands of bureaucrats. Congress only passed a vague outline. Is that constitutional? Perhaps the Supreme Court will reject all laws that were not fully specified by Congress.
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