Just when the president and his allies on Capitol Hill were starting to feel like the Obamacare troubles were mostly behind them, an appeals court decision brought another political and legal headache and new uncertainty about the law’s future Tuesday.
While White House Press Secretary Josh Earnest expressed confidence that the 2-1 D.C. Circuit Court of Appeals ruling in Halbig v. Burwell voiding tax subsidies for people in states using Healthcare.gov would be reversed, the outcome of the case at least has the potential to gut subsidies at the core of the law for millions.
The ruling came gift-wrapped for Speaker John A. Boehner, R-Ohio, who plans a parallel lawsuit by the House seeking to undo Obama’s delays of the Affordable Care Act’s employer mandate — even though the House has voted to delay that mandate.
“For the second time in a month, the courts have ruled against the president’s unilateral actions regarding ObamaCare,” Boehner said in a statement. “The president has demonstrated he believes he has the power to make his own laws. That’s not the way our system of government was designed to work.”
It had Democrats on Capitol Hill fuming, with Senate Majority Leader Harry Reid, D-Nev., calling it “absurd” and a case of “activist Republican judges.”
And Democrats and Republicans alike pointed to Reid’s decision last year to employ the “nuclear option” to end a GOP blockade of Obama nominees for the D.C. Circuit — as well as other posts — as potentially key to overturning the ruling. Full story