Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Mar 23, 2026 12:01 PM

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 Upcoming on ‘The World Over’
Acton Institute president and co-founder Rev. Robert Sirico is scheduled to make an appearance on Raymond Arroyo’s “The World Over” tonight on EWTN. The live program begins at 8:00 p.m. EST. Take a look here plete EWTN programming. Unable to watch tonight? Keep an eye on The PowerBlog ing days for video. ...
How to Create an Underclass
Several years ago economist Walter Williams explained “How Not to Be Poor”: Avoiding long-term poverty is not rocket science. First, graduate from high school. Second, get married before you have children, and stay married. Third, work at any kind of job, even one that starts out paying the minimum wage. And, finally, avoid engaging in criminal behavior. Williams is right—it’s not rocket science. Yet many Americans are shocked to discover that life choices are often (though certainly not always) the...
Arthur Brooks’ ‘5 Myths About Free Enterprise’
American Enterprise Institute president and 2012 Acton University plenary speaker Arthur Brooks has a recent column in The Washington Post that lists five myths about free enterprise. Brooks’ five myths address some of free enterprise’s mon critiques and do so by giving free enterprise a moral aspect. The five points are especially relevant this election season, he says, because the two candidates represent such different fiscal perspectives. Here’s a look a myth #2: 2. Free markets are driven by greed....
ResearchLinks – 07.13.12
Conference: “Free Markets with Solidarity and Sustainability: Facing the Challenge” Ethical human agency is only possible with freedom. Freely turning to the good, which the Creator has given us, is the highest sign of human dignity. The proper exercise of freedom requires “specific conditions of an economic, social, juridic, political and cultural order”. (Compendium of the Social Doctrine of the Church, n. 137) The free market is one of these institutions. The free market is the most efficient instrument to...
Rev. Sirico Included in New Catholic Resource Site
Franciscan University has launched the site Faith and Reason intended to be a hub for Catholic intellectual life. The Rev. Robert Sirico, along with others such as Cardinal Raymond Burke, prefect of the Supreme Tribunal at the Apostolic Signatura and Father Raniero Cantalamessa, OFM Cap, preacher to the Papal Household, are contributors to the site which focuses on issues concerning the Church, culture, politics, philosophy, morality and the marketplace. Read more about Faith and Reason here. ...
The Religious Freedom Tax Repeal Act
Two Congressional representatives have introduced the Religious Freedom Tax Repeal Act, seeking to repeal the fine on faith the Obama administration’s abortion-inducing drug, contraception, and sterilization mandate imposes: The Religious Freedom Tax Repeal Act would stop the Obama administration from levying this huge tax on religious employers,” Representative Black said. “With the HHS mandate, the administration has set up an impossible choice for many religious affiliated institutions: either violate the law and pay a tax, or violate your conscience,” Black...
Network Like a Theologian
Readers of PowerBlog are already aware that Acton research fellow Anthony Bradley‘s ability to blend theology, ethics, and economics has made him on of the most intriguing public intellectuals in America. Now readers of Black Enterprise Magazine are finding what we’ve already known for years: “His writings mentary on issues ranging from race and religion to politics and economics have led to his recognition as one of the most brilliant minds of the century.” In a profile by Aisha M....
‘We take those freedoms for granted, but they aren’t automatic anywhere’
Professional baseball player. Starting catcher for the Detroit Tigers. Starting catcher in the 2011 All-Star Game. At only 25, Alex Avila has already created a terrific career. Yet, he is very mindful of what might have been. In a recent interview, Avila notes that his Cuban roots could have led to a very different life for him and his family: Both of my grandfathers actually fled from Cuba during the Communist Revolution in the 1950s, so it’s not surprising that...
Review: The Second Russian Revolution (1987-1991)
This is a book review by Rev. Johannes L. Jacobse, president of the American Orthodox Institute. He blogs at AOI’s Observer. This review will appear in the ing Spring 2012 Religion & Liberty. Sign up here for a free digital subscription to R&L. «««◊»»» Roads to the Temple: Truth, Memory, Ideas, and Ideals in the Making of the Russian Revolution, 1987-1991. By Leon Aron (Yale University Press, June 2012). 496 pages Review: The Second Russian Revolution (1987-1991) Rev. Johannes L....
Predatory … borrowers?
Yesterday I blogged about the unintended consequences of the federal government’s mandate that Stafford student loan interest rates would not double as scheduled on July 1. Organizations such as the Jubilee USA Network praised the government’s action as an act of Christian charity towards students who were oppressed and taken advantage of by unscrupulous lenders. The phrase “predatory lenders” has been coined to describe entities that intentionally deceive borrowers into accepting loans they won’t be able to repay without going...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved