Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Mar 13, 2026 3:35 AM

What just happened with Obamacare?

In a two-to-one decision, the U.S. Court of Appeals for the District of Columbia Circuit dealt a serious blow to Obamacare by ruling the government may not provide subsidies to encourage people to buy health insurance on the new marketplaces run by the federal government.

What did the court decide?

Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (Obamacare) makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces—known as “American Health Benefit Exchanges,” or “Exchanges” for short.

This provision authorized e Americans to receive tax credits for insurance purchased on an Exchange established by one of the fifty states or the District of Columbia. (The credits were for household es between 100 and 400 percent of the federal poverty line.) But the Internal Revenue Service interpreted the wording broadly to authorize the subsidy also for insurance purchased on an Exchange established by the federal government.

The court ruled that a federal Exchange is not an “Exchange established by the State,” and section 36B does not authorize the IRS to provide tax credits for insurance purchased on federal Exchanges.

Can you explain that without the legalese?

The federal government tried to say that when they wrote “Exchange established by the State,” they meant established by the individual states or by the federal government. The Court ruled that in the context of the Obamacare law, that reading doesn’t make much sense. The law has to be read as meaning what it says (as written) not as the Obama administration wishes to interpret it after the fact. If the ruling stands, the people receiving subsidies will have to pay for the full cost of their Obamacare premiums rather than having a portion covered by taxpayers.

How much were the subsidies worth?

Approximately $36.1 billion.

How many people does this ruling affect?

Depends on who you ask. According to the Urban Institute, about 7.3 million people would have been eligible for the subsidies in 2016. And according to the Cato Institute, at least 8 million taxpayers will not have to pay the individual mandate penalty tax. Additionally, in the 36 states with federal Exchanges, all employers with more than 50 workers would be free from the employer-mandate penalties.

What happens next?

The Obama administration is requesting that the case be heard before the entire appeals court, rather than the three-judge panel. Ultimately, the Supreme Court will likely decide the case. While the current ruling is a serious setback for the Obamacare law, no clear resolution is likely to occur for several years. In the meantime, the subsidies will continue.

Other posts in this series:

Border Crisis•What’s Going on in Iraq?•EPA’s Proposed New Climate Rule•VA Scandal•What is Going on in Vietnam?•Boko Haram and the Kidnapped Christian Girls•The Supreme Court’s Ruling on Government Prayer•Earth Day?•Holy Week?•What’s Going On in Crimea?•What Just Happened with Russia and Ukraine?•What’s Going on in Ukraine•Jobs Report•The Hobby Lobby Amicus Briefs•Net Neutrality?•Common Core?•What’s Going on in Syria?•What’s Going on in Egypt?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Rev. Sirico: Kevorkian’s ‘Terminal TV’
Writing in the Detroit Free Press, reporters Joe Swickard and Pat Anstett describe the life and June 3 passing of Jack Kevorkian. Long before he made a name for himself as a “assisted suicide advocate,” Kevorkian was known to the nurses at Pontiac General Hospital in Michigan as “Dr. Death” for his bizarre experiments. Death came naturally to the man who’d vowed he’d starve himself rather than submit to the state’s authority behind bars. “It’s not a matter of starving...
What’s the new “+1” button on Acton PowerBlog posts all about?
You may have noticed a new addition to the PowerBlog; the new +1 button joins the existing Facebook and Twitter buttons at the top of posts. +1 is a new initiative from Google that brings forth more relevant search results influenced by user feedback. Here is a snippet from the official Google launch: +1 is as simple on the rest of the web as it is on Google search. With a single click you can mend that raincoat, news article...
The Return of Christian Europe?
Doubtful, at least on these terms. Does the institutional church have to officially advise the government in order to have influence? — European institutions “more open than ever” to church co-operation By Jonathan Luxmoore Warsaw, Poland (ENInews)–A senior ecumenist has ed growing co-operation between leaders of European institutions and churches, and predicted a growing advisory role for munities. “I think we’re seeing a greater openness today than ever before,” said Rudiger Noll, director of the Church and Society Commission of...
Evangelicals, Common Grace, and Abraham Kuyper
Recently, the Acton Institute announced a partnership with Kuyper College to translate Abraham Kuyper’s Common Grace. Understanding the importance of reaching out to the munity, Kuyper’s work is essential in developing evangelical principles and social thought. The Common Grace translation project is summarized by the Acton Institute: There is a trend among evangelicals to engage in social reform without first developing a coherent social philosophy to guide the agenda. To bridge this gap, Acton Institute and Kuyper College are partnering...
Orsini on “Principled Conservatism”
Long-time Acton Institute friend and Markets and Morality contributor Jean-Francois Orsini has a new book out. In Fight the Left (yes, it has a polemical edge!), Orsini argues that there are essentially two approaches to the world: liberalism and conservatism. His use of liberalism is decidedly contemporary (i.e., modern, not classical liberalism). His conservatism is sympathetic to the free market but, more importantly, it is “first principled,” meaning that he lays out the foundation on which conservatism must be based....
My Visit to The Barnabas Group
I recently had a unique opportunity to speak about unity in Christ’s mission. I was asked to present an address to The Barnabas Group (TBG) in San Diego (May 9) and Costa Mesa (May 10). The Costa Mesa site is in Orange County for those who do not know Southern California. My title for both meetings was: “The Unity Factor: One Lord, One Church, One Mission.” The Barnabas Group is one of the more unique missions and ministries I’ve encountered....
Jim Wallis: From Sandalista to Champion of Big Government
Essential reading on Jim Wallis by long-time observer Mark Tooley of the Institute on Religion & Democracy: How does Wallis—the old Students for a Democratic Society agitator who touted the Vietcong in the 1970s and the Sandinistas in the 1980s, who denounced welfare reform in the 1990s as a betrayal of the poor, and whose funding by George Soros was exposed last year—enlist Catholic bishops and mainstream evangelicals in his endless political campaigns? “We’re frankly challenging leadership on both sides...
The Paper Pope
I have said it many times in the past, but now I have confirmation: According to the editors of the New York Times, the Pope is not permitted to make moral judgments because only the Editorial Board of the New York Times (all genuflect here) is permitted to pontificate: “Ms. Abramson, 57, said that as a born-and-raised New Yorker, she considered being named editor of The Times to be like “ascending to Valhalla.” “In my house growing up, The Times...
Rev. Sirico: Not Whether to Help the Poor, But How
The budget proposed by House Republicans has lead to a heated debate; one key facet being whether funding should be cut for programs that benefit the poor and vulnerable. Critics claim the House Republicans’ proposed budget violates Catholic social teaching (click here to read the critics’ open letter to Speaker Boehner). Rev. Robert A. Sirico’s first response to Boehner’s critics appeared in NRO. In this mentary Rev. Sirico expands upon his first response and articulates how Catholics can disagree on...
Samuel Gregg: Truth, Lies, and Euros
It is very easy to forget what is happening in other parts of the world especially when we are in the midst of our own financial crisis in the United States. Considering the economic challenges we are faced with, this may be a mistake as we can learn from other’s problems. Europe is experiencing economic woes that continue to worsen. In the American Spectator, Samuel Gregg explains: As Europe’s financial crisis worsens, it’s increasingly apparent that the economic woes of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved