When Democrats and their lobbyists wrote Obamacare law, they wanted to make it a slam-dunk, by offering tax-credit subsidies only to those in exchanges set up by states.

The tax-credit subsidy language is specific, offering subsidies to individuals who buy health insurance through exchanges “…established by the State under section 1311”.

Democrats were sure that popular demand would force states to toe the line. But 36 states opted out anyway, forcing the federal government to set the exchanges up.

Obama and his HHS minions (illegally) issued subsidies in those states anyway, and in addition, (again, illegally) held businesses accountable through fines for noncompliance.

A 3-judge panel from the DC Circuit Court of Appeals just ruled that action illegal.

But, before declaring this an Obamacare ‘deathblow’, understand that another Circuit Court of Appeals (in a separate case) just ruled what Obama’s HHS is doing is legal.

Incredibly, that Court found “established by the state” language as… ambiguous.

?

There are only two types of exchanges that can be set up under the law…those of a state-created nature, or those of a federal-created nature. Ambiguity isn’t possible!

It was a Democrat-appointed court that ruled Obama’s federal-exchange subsidies legal. So, once again, political appointees to a Court rule by ideology, not law.

In a Rule of Law society…when words have no meaning…there is no law.

That’s where we live now.