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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
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 July 29, 2014 / 2 Menachem-Av, 5774

Halbig Is an Opportunity for Supreme Court To Rededicate Itself to Rule of Law

By David Limbaugh




http://www.JewishWorldReview.com | True, the Halbig case, if it makes its way to the Supreme Court, will present an opportunity for Chief Justice John Roberts to redeem himself from his abominably activist salvation of Obamacare. But more important, it will be an opportunity for the high court to reaffirm this nation's commitment to the rule of law.

In Halbig v. Burwell, the D.C. Circuit Court of Appeals held that under the Affordable Care Act federal health insurance subsidies are available for policies purchased only on state exchanges and not those purchased on the federal exchange.

If the Supreme Court takes the case, it will also have a rich opportunity to slap down the out-of-control, politicized Internal Revenue Service. Under this administration, the IRS has behaved as though it were a super-legislature with authority not just to promulgate regulations beyond its narrowly prescribed statutory power, but also to change laws wholesale in order to serve the administration's policy ends.

A proper wrist slapping of the IRS might well send a long overdue message to all federal administrative agencies — take the renegade EPA, for example — that they don't have carte blanche to do whatever they decide to do.

The ACA provides for the establishment of state exchanges through which consumers can purchase health insurance. The law did not make the establishment of such exchanges mandatory, and only 14 of the 50 states did so.

The law, in a separate section, also provides for the establishment of a federal exchange through which consumers can purchase health insurance in the event their state opts not to establish an exchange.

That's just half the story. President Obama and his Obamacare architects wanted subsidies (in the form of tax credits) to be provided to people who purchase Obamacare policies. The subsidies would shift the cost of the policy from the individual to the government — thus, the proverbial "free health care."

Here's where it gets tricky. The law says the "subsidy" is available only for policies purchased through the state exchanges and not the federal exchange. Honest readers of the law and of the political considerations behind the relevant provisions must concede that the law was carefully drafted with this distinction in mind. There was a deliberate intent to make the subsidies available only for purchases through the state exchanges.



There are two salient sets of facts that make this clear. The first is the unambiguous statutory language. The law provides for subsidies to those who purchase policies from an "exchange established by the state." There is no mistaking the plain meaning of those words.

Moreover, despite multiple sections and subsections dealing with these subsidies, there is no hint that Congress intended to have them apply to policies purchased from the federal exchange.

Legally, the question should end there because it is a generally recognized rule of statutory interpretation that statutes shall first be interpreted according to the plain meaning of the statutory language. Unfortunately for the administration, if you go further and apply other rules of statutory interpretation, such as that a statute should be read as a harmonious whole, you get the same result.

There is another interpretive rule with which all statutory draftsmen and contract lawyers are intimately familiar. If the statute or a contract specifically includes language in one section but omits it in another, it is presumed to have done so intentionally.

For example, if I draft a contract to provide that the company will reimburse my client for airplane travel expenses and mention no other type of travel, I understand that my client will not be reimbursed for automobile or train travel. When Congress expressly provided for subsidies for state exchange policies and did not include such a provision for federal exchange policies - even though there were separate sections covering the federal exchange — it is presumed they meant that the government would not subsidize federal exchange policies.

The second salient fact is that if we examine congressional intent beyond the words of the statute we will find that the too-clever-by-half Obama administration had a specific reason not to subsidize policies purchased through the federal exchange. They wanted to use financial coercion to incentivize states to set up exchanges.

Again, unhappily for the administration, it used this exact kind of coercion with Medicaid under the statute, providing that states that don't adopt the law's standards for Medicaid eligibility will be denied federal Medicaid funding. Even worse, we have "smoking gun" evidence from one of the administration's Obamacare gurus, Jonathan Gruber, who stated that if a state doesn't set up an exchange, its citizens won't get their tax credits.

But when 36 states thumbed their noses at Obamacare by not establishing exchanges, the autocratic IRS, on its own initiative, issued a regulation in August 2011 making the subsidies apply to policies purchased on federal exchanges.

The Supreme Court must reaffirm its commitment to the Constitution and the rule of law by affirming Halbig, making a firm statement that the law is not merely a tool for ideologically obsessed statists to twist at their capricious discretion to achieve their political ends.

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David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo. Comment by clicking here.

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© 2013, Creators Syndicate

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