Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Mar 27, 2026 9:02 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
Resolve this New Year to visit Billy Wilder’s The Apartment
The Big City can be a great place to lose yourself among a crowd, and too often lose your soul. Only love of another can help you find yourself again. Read More… Christmas movies tend to be sentimental, to emphasize the struggles that define our society and our souls, but ultimately they are hopeful and even joyful. Humanity triumphs at the end of the story—for evidence, read my series of essays on The Bishop’s Wife, The Shop Around the Corner,...
This billionaire from Hong Kong is standing up to China’s oppression behind bars
Jimmy Lai remains strongly rooted: first in his fervent Catholic faith, and second in his unshakable support of freedom. Read More… Hong Kong was once a beacon of opportunity, of democracy. It was a political refuge, a blip in a territory controlled munist China. Seemingly overnight, 7.5 million Hong Kongers have had their freedoms stripped from them by an oppressive Chinese regime intentsilencing any voice of dissent — and that doesn’t mean revoking the odd Twitter account. It means imprisonment...
The American family needs a Miracle on 34th Street now
The ultimate Christmas classic has proved over time to be both prophetic and bitterly realistic. Read More… My Christmas movies series has hitherto considered church (The Bishop’s Wife), work (The Shop Around the Corner), and family (Christmas in Connecticut), munities that constitute America. I’ll conclude with the most famous American Christmas fairy tale of all, Miracle on 34th Street (1947), in which merce, and even marriage are all in trouble, as they are today. The story is straightforward but unpredictable:...
The University of Austin is scaring all the right people
Whether the new university “dedicated to the unfettered pursuit of truth” will succeed is anyone’s guess. The real issue is why so many are trashing it before it even starts. Read More… Conservatives tend to be skeptical of the uses of the word diversity, but they love variety. They believe that American higher education is better when you have a rich choice among schools—uniformity being a feature of progressive ideologies—that each has a particular mission and identity. Such variety serves...
Acton Rome Fellow is making a difference in Africa
The Rev. Dr. Nicholas Chisongo is just one of many Acton fellows setting out to bring reform to the church and hope to the world. Hear what he has to say on the subject of church finance and canon law. Read More… For over 20 years, the Acton Institute’s Rome office has enjoyed a number of extremely impressive academic fellows as part of its prestigious scholarship programs offered to graduate students at pontifical universities. Aiding in the study of theology,...
Pro-democracy activist Jimmy Lai wins one in court, as Hong Kong prosecutor’s appeal is denied
In 2020, entrepreneur and Apple Daily publisher Jimmy Lai beat back an attempt to prosecute him for “intimidating” a pro-Beijing reporter during a Tiananmen Square Massacre vigil. The prosecution appealed, and has now lost, even as Lai remains in prison convicted on other charges. Read More… Hong Kong prosecutors lost their appeal against a magistrate’s decision in September 2020 that cleared charges against media tycoon Jimmy Lai on “intimidating a reporter from a rival newspaper,” according to the South China...
As SCOTUS mulls Maine religious discrimination case, anxious parents wait across the U.S.
The arguments in Carson v. Malkin have been heard but no decision has yet been made. Will families in Maine receive equal access to funding for private religious schools? Will the religious use/status distinction be abolished? Or will the ghost of James G. Blaine raise its eerie head? Read More… Earlier this month the U.S. Supreme Court heard oral arguments in the case of Carson v. Makin. The appellants in this case, co-represented by the Institute for Justice and my...
This Advent, the Christmas child calls you and me
Mary’s call and response is a powerful reminder of how Advent calls us to model her in humble obedience and service, whatever our vocation. Read More… We arrive at the Christmas stable. We have prepared. The Christ child e to us—Immanuel. We begin by taking a step back. The candle that is lit for the final Sunday of Advent reminds us of Mary, the one who brings the Lord into the world. The Protestant Reformers reacted against Catholic overemphasis on...
Facebook is a symptom of a much deeper Big Tech problem
Facebook changing its name to Meta will not change the fact that all social media platforms make promises they can’t keep. Read More… At this point, most have heard about Frances Haugen, the whistleblower who leaked documents to the Wall Street Journal this fall detailing how Facebook knew about many of the downsides of its platform, yet chose to prioritize engagement. The documents outline, among other things, how Facebook introduced new reactions in addition to the Like button and then...
Take recent polls about COVID hastening the demise of American religion with a grain of salt
Recent polls suggest church attendance and religious affiliation are declining at an even faster pace than before. But who exactly is answering these poll questions, and how do they understand them? Read More… The latest Pew Research Center survey on American religion reflects a familiar trend in recent years: declining levels of Christian affiliation and growing numbers of religiously unaffiliated (the “nones”). Almost 30% of those surveyed told Pew that they identify with no particular pared to 16% in 2007....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved