Two appeals courts disagree on subsidies.

The U.S. Court of Appeals just collided, disagreeing on subsidies, with the Halbig case seen as the biggest threat to Obamacare yet, sort of.

The Halbig case could destroy Obamacare. But it won’t. The Supreme Court simply isn’t going to rip insurance from tens of millions of people in order to teach Congress a lesson about grammar. – Ezra Klein,

OBAMACARE continues to bedevil everyone, with few able to make sense of the insanity. I won’t even try, because when explaining the stupidity of Congress comes into play I go to the experts.

From Adrianna McIntyre at

On July 22, the U.S. Court of Appeals for the D.C. Circuit issued a ruling against the federal government that threatens health insurance subsidies in over thirty states. You can read the opinion here.

Also on Tuesday, the U.S. Court of Appeals for the Fourth Circuit ruled in favor of the government on King v. Burwell, a case proceeding on the same issue. That ruling upheld the subsidies, contradicting the Halbig decision.

Ezra Klein digs further:

The plaintiffs rely on an unclearly worded sentence in the law to argue that Congress never intended to provide subsidies in federally-run exchanges and so the subsidies that are currently being provided in those 36 states are illegal and need to stop immediately.

This is plainly ridiculous. The point of Obamacare is to subsidize insurance for those who can’t afford it. The point of the federal exchanges is to make sure the law works even in states that can’t or won’t set up an exchange.

For Congress to write a law that provides for federal exchanges but doesn’t permit money to flow through them would have been like Congress writing a transportation law that builds federal highways but doesn’t allow cars, bikes or buses to travel on them.

Nobody thinks anymore.