There is a solution that could unravel ObamaCare and it is this: there are several of these lawsuits going on, one of them is being brought by the of attorney general of the State of Oklahoma Scott Pruitt. There are four words in ObamaCare, four words in those 2000 pages and some pages that could unravel ObamaCare and here they are “established by the state.” Those four words in context is this; the Affordable Care Act says that subsidies shall be available to persons who purchase health insurance in one of these health insurance exchanges “established by the state.”
It doesn’t say what happens if the state decides not to establish an exchange, and of course the feds can’t compel them to do so. The question is what happens in the 34 states that have chosen not to establish a state insurance exchange. This is interesting because the IRS is being charged with enforcing ObamaCare has said that the subsidies shall also be dispensed to those who purchase insurance through federal exchanges- in direct violation of the of the wording of the law. So in those 34 states they have been giving out subsidies to those who purchase insurance and qualified. There are similar challenges in Indiana, Virginia and Washington DC, saying that if you’re dispensing subsidies through federal exchanges it is in effect a fact that the IRS is spending tax revenues without congressional authorization.
Now consider you are a judge and you’re saying according to the constitution you have to have congressional authorization to spend public money. if you’re spending public money by dispensing subsidies through the federal exchange in the 34 states that have not set up their own, as the law allows then you’re spending tax revenue revenues without congressional authorization and that is wrong.
We are talking about collecting taxes. If you’re enforcing the employer mandate in states that only have the federal exchange, then they’re collecting taxes without congressional authorization. Because the employer mandate comes into play, the individual mandate comes into play, and your collecting taxes from the FEDERAL insurance exchange and there is no opportunity for the taxpayer to actually buy an authorized insurance policy because the authorized STATE insurance exchanges isn’t there.