By Chris Stigall
PHILADELPHIA (CBS) – Chris Stigall spoke with William Jacobsen from the Cornell University Law School about two conflicting rulings by federal appeals courts regarding health insurance subsidies under the Affordable Care Act. The first decision said the IRS could not offer subsidies to anyone in a state that did not establish its own healthcare exchange, while the second ruling upheld the legality of the subsidies as currently in place.
Jacobson said the two courts allowed for different interpretations of the healthcare law.
“Both sets of judges found that the language of Obamacare really provided that you only get these tax credits if you signed up on a state exchange. In the one that went the Administration’s way, they said ‘well, we see that language but there’s a possible other reading here and when there’s a possible other reading here, we’ll defer to the administrative agency.’ These are not frivolous arguments. Two panels of federal judges agreed that the language is pretty clear but one of them wanted to say, ‘Well, maybe it’s a little bit ambiguous.’”
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