Supremes asked: How long will you let Obama make it up?
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A team of constitutional-law experts filed a brief Monday with the U.S. Supreme Court asking the justices if they are willing to allow President Obama to continue making up the law as he goes.
The brief by the American Center for Law and Justice asks the court to reject IRS regulations that illegally authorize tax subsidies for purchasers of health insurance on federal exchanges.
The case is one of several that could create a massive roadblock for Obamacare. The law is written so that only those who obtain insurance through state-established exchanges qualify for federal subsidies.
But the IRS, in violation of the plain language of the law, has allowed the granting of subsidies to people obtaining insurance through federal exchanges. A reversal could mean a loss of subsidies for participants in 36 states, where consumers would see immediate and massive rate hikes.
The brief charges IRS regulations “are part of the administration’s ongoing efforts to rewrite or suspend portions of [the law], in violation of the separation of powers.”
“This is another example of the executive overreach of the president,” said Jay Sekulow, chief counsel of the ACLJ. “The IRS regulations in place are the most egregious example of the administration’s make-it-up-as-we-go approach to implementing Obamacare.”
The regulations, he said, “eviscerate Obamacare’s goal of encouraging state participation and promote the federalization of this nation’s health care in direct contravention of Congress’ intent.”
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