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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Aug. 4, 2014 / 8 Menachem-Av, 5774

Dems Fudge Truth about Subsidies on Health Care Exchanges

By Bruce Bialosky




http://www.JewishWorldReview.com | Some people want you to suspend your imagination and your memory regarding what the Affordable Care Act (Obamacare) actually states in terms of who can receive subsidies for their health insurance. Of course, as usual, when you have right on your side, truth does not matter. But we will explain why the subsidies disbursed from the federal exchange fails the test of what is right.

As you know by now, there were two rulings issued in a Court of Appeals that were diametrically opposed to each other. The issue revolves around whether the federal exchange (operating in 36 states) which is dispensing subsidies was authorized by the law. In referring to who may issue subsidies, the law says "an Exchange established by the State." The people in favor of continuing the federal subsidies want us to believe that either that was not what the law really says or was countered by language in other sections of the bill, or that was clearly not the intent of the law.

After spending a couple weeks reading and listening to those who support the federal subsidies, I have not become aware of any substance to these positions. A perfect example is a principal supporter of the law in the press, E.J. Dionne of the Washington Post. He states as a defense "the law was not particularly well drafted." He then goes on to say "Never mind that many other parts of the law clearly assume that the subsidies apply to people on both the state and federal exchanges." Mr. Dionne, like everyone else making this argument, fails to cite where in the law this is done. Tell us where and we will believe you, but what the true believers think is that if they repeat that claptrap often enough it will become the truth. Not so. Dionne goes on to say "And never mind that during the very long debate over the ACA, no one ever said otherwise." Let us understand -- since no one argued a negative that the federal exchange is not able to issue subsidies, it must be able to issue subsidies even if the law clearly says they are allowed from state exchanges.

Jill Horwitz, a UCLA law professor, and Sam Bagenstos, a University of Michigan professor writing in the Los Angeles Times exemplify this position. They said "The D.C. Circuit relied on a superficially plausible but ultimately nonsensical reading of the Affordable Care Act's text." In essence they are saying don't believe what the text says; believe what we tell you it means -- as if the ACA is a romance novel riddled with double entendre. They go on to state "There is not one shred of reliable evidence that anyone ... understood the Affordable Care Act to limit subsidies to only participants in state-established exchanges. " Again those who read the text as it is stated are supposed to prove a negative; i.e., that it was never the intention to limit the subsidies through a federal exchange.

Then there is the issue of the intent of the writers. Liberals are big on intent as opposed to what a bill says. I can't get away with that. I try it with my wife telling her I intended to take her to Paris for our anniversary. Even though I actually didn't, I should get credit for it because it was in my heart to do so. Ah, to be a liberal!



Those in favor of federal exchange subsidies want to argue it was the intent (with absolutely no stated support for that argument) by hoping to repeat it often enough so it becomes the truth. But, if anything, the intent (if it even matters) really falls on the other side and we believe it was a moving principle of the wording.

First, it is exactly the structure used for the Medicaid program for the past fifty years and the only model that existed upon which the law could be fashioned.

Second, it was the political reality at the time. In 2006, Rahm Emanuel was responsible for recruiting Democrats to run for Congress. He smartly recruited relatively conservative Democrats in many districts that helped Nancy Pelosi to become Speaker of the House. This greatly expanded the coalition known as Blue Dog Democrats. They stayed in office and actually grew in number in 2008. These were the people who enabled Pelosi and her team to pass Obamacare in the House. While writing the bill in the Senate they had to pay attention to getting the votes of these House members along with conservative Democrats like Senator Ben Nelson of Nebraska.

These members were jittery about the bill. They would never want the health care system totally turned over to the federal government. These people were not like Nancy Pelosi and Henry Waxman who actually believe the federal government works well. They were small-government Democrats. Of course they are now gone from Congress. After being used as cannon fodder by Pelosi, the Blue Dogs have shrunk from 52 members to 19 currently.

Third, people in support of the bill never thought that 36 states would not form their own exchange. In fact they thought the opposite. Comments that were made by MIT Professor of Economics Jonathan Gruber (a paid consultant regarding the drafting of ACA to the tune of $392,600) support this thinking. By now you have likely seen what he stated at the time: "What's important politically about this is if you're a state and you don't set up an exchange, that means your citizens (residents professor, people are residents of a state, citizens of a country) don't get their tax credits — but your citizens still pay the taxes that support this bill. So you're essentially saying to your citizens, 'You're going to pay all the taxes to help all the other states in the country.'"

Gruber now disavows what he said, indicating it was a "speako". His statement seems crystal clear to me except for the misuse of the word citizen. But that is now inconvenient so he uses liberals' favorite friend again, Emily Litella (Gilda Radner), as they say "Never Mind."

Last is the issue of how this rule was promulgated. After the legislation was found wholly inadequate, the IRS -- America's favorite bureaucracy — determined that it was the right of the federal exchange to hand out subsidies. Forget that this is another blatant political act by the IRS. The defenders of their action hang their hats on a 1984 Fourth Circuit court ruling (Chevron vs. NRDC).

It says that where there's an ambiguity that's interpreted by the government agency in charge of Administering that law, the agency must be given deference unless its interpretation is wildly improper.

This means -- we don't understand the plain English of the law or we don't like the plain English so we can make any interpretation we wish as a bureaucracy to further our existence as long as someone cannot muster millions of dollars to sue us. In effect, if you believe this ruling, every law enacted by Congress is open to whatever the bureaucrats believe it says. If there ever was a need for the Supreme Court to stomp on something here it is.

The legislation clearly states what it states — subsidies come through state exchanges. There is no contrary evidence in the bill and no evidence of intent (as if that matters) that it was otherwise. There is no ambiguity. Now that their ice cream sundae has turned to a puddle of goo they want to change reality to meet their needs. The Supreme Court should straighten them out and fast.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

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Bruce Bialosky is the founder of the Republican Jewish Coalition of California and a former Presidential appointee.


Previously:





© 2013, Bruce Bialosky

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