RUSH WAS RIGHT! ObamaCare Subsidies Are Illegal

RUSH: Now, back on July 3rd, 2012. You can go look it up, with our brilliant exhaustive search feature at 

“These ‘State Exchanges’ Are a Health Care DMV,” is the slug line of the segment, and I just gonna read to you excerpts of what I said that day, July 3rd, 2012.  “[Michael Tanner]: ‘One last wrinkle: It is those subsidies that trigger the penalty,’ or the tax, whatever you want to call it, ‘under Obamacare for employers who fail to provide workers with insurance. So states that don’t set up exchanges could also escape the ’employer mandate.'”

Now, I said it a little differently, but states that didn’t create exchanges got them through the federal exchange, but that’s not within the letter of the law.  I also said, “‘Obamacare requires employers with 50 or more workers to provide health insurance or pay a fine…er, tax. But that tax only kicks in if at least one employee qualifies for subsidies under the exchange.'” So way back in July of 2012 we nailed this, that if the subsidies were killed, both the individual and employer mandates were also dead. 

I was able to come to that conclusion because it was what the law said, and it was the law that was upheld today.  I further said, “‘Since subsidies can only be provided via a state-authorized exchange, a state that refuses to set one up could end up blocking the employer mandate altogether.'”  Now, I also pointed out that it was nowhere near over.  I just wanted to make one more observation, and I repeated what I said there. 

But the point was “‘[F]ederal subsidies are available only through exchanges that the states set up’ because the law says ‘The Feds can’t offer subsidies through a federally run exchange.'”  I cited Talking Points Memo, which is left-wing blog out there, that was very upset about this aspect of the law, that the Feds couldn’t offer subsidies through their exchange,

Read More @


RUSH: A HUGE Day For The Rule Law. ObamaCare Subsidies Are Illegal.

Tags: , , , , , , , , , , , , , , , , , , ,

Leave a Comment