Oklahoma district court rejects IRS tax credit rule

Jonathan H. Adler
The Volokh Conspiracy
The Washington Post

Today, in Pruitt v. Burwell, another federal court concluded that the IRS rule authorizing tax credits and cost-sharing subsidies for the purchase of health insurance in federal exchanges violates the text of the PPACA.  In reaching this result, Judge White of the U.S. District Court for the Eastern District of Oklahoma concurred with the initial panel decision of the U.S. Court of Appeals for the D.C. Circuit in Halbig v. Burwell and rejected the conclusions of the U.S. Court of Appeals for the Fourth Circuit in King v. Burwell.  A fourth case against the IRS rule remains pending in federal district court in Indiana.

The opinion is relatively short and quite direct, quickly cutting through the various attempts to cast plain statutory language as ambiguous or otherwise get around the text that Congress enacted….

…“The text is what it is, no matter which side benefits.”  …



Read the entire article at The Washington Post.




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