Yesterday, Oklahoma Attorney General Scott Pruitt won a victory for
the rule of law when he successfully challenged illegal subsidies used to
compel states to accept Obamacare. In a decision in favor of the State of
Oklahoma's motion for summary judgment, US District Judge Ronald White ruled
that the IRS provision enacted outside of congressional authority was
"arbitrary, capricious, and abuse of discretion or otherwise not in
accordance with the law." In 2012,
General Pruitt was the first to file a lawsuit challenging the use of
taxpayer-funded subsidies to enforce Obamacare in states that had chosen to not
establish a healthcare exchange under the law. General
Pruitt said of the victory:
The administration and its
bureaucrats in the IRS handed out billions in illegal tax credits and subsidies
and vastly expanded the reach of the health care law because they didn’t like
the way Congress wrote the Affordable Care Act. That’s not how our system of
government works The Obama
administration created this problem and rather than having an agency like the
IRS rewrite a law it didn’t like, the administration should have done the right
thing and worked with Congress to amend the law. Oklahoma was the first to
challenge the administration's actions and today's ruling vindicates what we
recognized early on and that is the administration can't rewrite the Affordable
Care Act by executive fiat.
The decision is the third on this issue with the other
two by appellate courts splitting. (The
DC Circuit Court came down on the side of General Pruitt.) General Pruitt is RNLA’s October member
conference call guest.
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