Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Apr 1, 2026 1:35 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
The best ways (empirically speaking) to alleviate global poverty
Virtually all poverty es from economic growth and migration—not redistribution or philanthropy. That’s how economist Bryan Caplan summarizes a fascinating new working paper by Lant Pritchett of the Harvard Kennedy School and Center for Global Development. To make it easier to get the gist of the argument (without having to read all 32 pages), I’ve taken the liberty of “interviewing” the paper. All questions are my own and all answers (with the exception of the parts in brackets) are exact...
The Spanish tradition of freedom in the 16th and 17th centuries
The following article is written by Angel Fernández Álvarez and translated by Joshua Gregor. Juan de Mariana This October 31, I will give a conference entitled The Spanish School of the XVI and XVII Centuries at Harvard University, in order to explain in detail the “institutional framework” and the principles of growth upheld by the late Spanish scholastics. In the conference, organized by the Harvard Real Colegio Complutense, I will explain the importance of Christian humanism, which spread especially from...
Review: Bradley Birzer’s Russell Kirk biography invites us to reconsider conservatism
This is the fifth in a series celebrating the work of Russell Kirk in honor of his 100th birthday this October. Read more from the serieshere. During the twentieth century, one man in particular took it upon himself to make a project of defining and perhaps re-invigorating an American conservatism which the prominent cultural critic Lionel Trilling dismissed as “a series of irritable mental gestures.” I remember picking up a copy of Russell Kirk’s The Conservative Mindmany years ago. As...
Russell Kirk’s 100th Birthday
I’d like to join in the chorus of Russell Kirk memorials that have graced the PowerBlog these past few days memorate Kirk’s 100th birthday. Over at The Federalist today, I can only hint at the significant contributions Kirk wrote on behalf of conservatism, sound economics and Christian humanism. Herewith a brief excerpt: [H]e was so much more than a Cassandra ceaselessly caviling against Communism. More to our great fortune, Kirk scoured the world’s great literature, philosophy, and political theory. From...
The economics of choosing the right career
Note: This is post #97 in a weekly video series on basic economics. Warning for young people: having a college degree no longer guarantees you’ll be able to find a good job, much less have a promising career. Four-year college graduates with entry-level jobs actually earned more in 2000 than they’re earning today. Choosing a good career requires planning beyond getting a college education, says Tyler Cowen of Marginal Revolution University. In this video he explains why you’ll want to...
What determines the value of your money?
The value of money is determined by how much (or how little) of it is in circulation. But who makes that decision, and how does their choice affect the economy at large? Doug Levinson looks at the role of the U.S. Federal Reserve efforts to affect inflation and deflation affects the value of our money. ...
Radio Free Acton: Was Jesus a socialist? The importance of poetry
On this episode of Radio Free Acton, Dan Hugger, Research Associate at Acton, speaks with Larry Reed, President of the Foundation for Economic Education, about the question that seems to be cropping up everywhere nowadays: Was Jesus a socialist? Then, Bruce Edward Walker talks to James Matthew Wilson about his new volume of poetry and on why poetry is important today. Check out these additional resources on this week’s podcast topics: Read “Jesus would have voted socialist, says Germany’s Left”...
The political manipulation of religion
The fact that something is political does not mean that it is not religious, says Paul Marshall. Instead of describing something as political, not religious, we might should describe it as the political manipulation of religion, or the insincere use of religion: This stress that events are not religion but politics can lead to misunderstanding the nature of both religion and politics. It can be akin to saying that a table is not round but red. But tables can be...
Alexis de Tocqueville, socialism, and the American Way
Tocqueville determined that the one defining factor in the United States was equality of condition, says John Wilsey in this week’s Acton Commentary. Tocqueville noticed that Americans apparently had the singular ability to prevent equality of conditions from yielding democratic despotism. Through voluntary associations, vigorous local government, a pursuit of self-interest rightly understood, and laws that were based on an accepted moral structure taught in disestablished church bodies, Americans were able to strike that critical balance between private interests and...
The reason young people embrace socialism revealed
Why do young people throughout the West have an increasingly positive view of socialism? The answer has been ferreted out between the lines of a survey recently conducted for the Charles Koch Institute. Young people’s infatuation with socialism remains one of the most lamented (or celebrated) facts of the cultural landscape – but both sides agree, it is an undeniable fact. Americans under the age of 30 hold a more favorable view of socialism than capitalism, according to a Gallup...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved