Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Apr 21, 2026 2:02 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 Year in Commentary: Ray Nothstine
Every Wednesday we publish the Acton Commentary,a weekly article that covers topics related to Acton’s mission. As es to a close I thought it would be worth highlighting the mentaries that have been produced by Acton Institute staffers over the past year. The following list includes articles published in 2012 by Ray Nothstine, an associate editor at Acton and managing editor of Religion & Liberty: February 01, 2012 Playing Politics with Unemployed Veterans June 06, 2012 Calvin Coolidge and the...
How to Develop a Christian Mind in Business School
“Why are you going to business school?” my friend asked, with some concern, “It seems like such a waste of your time. Why not study history or philosophy or the Great Books or something you’d enjoy.” It was a good question. I mitting myself to spending two years going to school full-time (while working full-time) to get a degree in a subject—business administration—in which I didn’t feel particularly passionate. But I felt that God was calling me to go to...
African Economics Expert: “Please stop the Aid!”
In the German newsmagazine Spiegel, Kenyan economics expert James Shikwati says that foreign aid to Africa is doing more harm than good: SPIEGEL: Mr. Shikwati, the G8 summit at Gleneagles is about to beef up the development aid for Africa… Shikwati: … for God’s sake, please just stop. SPIEGEL: Stop? The industrialized nations of the West want to eliminate hunger and poverty. Shikwati: Such intentions have been damaging our continent for the past 40 years. If the industrial nations really...
Dear President Obama: Don’t Live in the Zero-Sum Universe
Zero-sum: It’s thinking that if you have more, I have less. One more baby in a family is one more mouth to feed, and less food for everyone else. One new business opens up on the block, and all the rest of the businesses suffer. The guy in the cubicle next to you gets a raise, and you get nothing, because there’s nothing left. Except that it’s wrong. Lots of people know it, too. P.J. O’Rourke knows it, and he...
Top 10 PowerBlog Posts for 2012
As we close out the year, we want to thank our PowerBlog readers for reading and contributing to our blog. If you’re a new reader we encourage you to catch up by checking out our top 10 most popular posts for 2012: 1. What’s Next in the Fight Against the HHS Mandate Elise Hilton Kyle Duncan, general counsel for The Becket Fund for Religious Liberty, gives us a glimpse of what is ahead in the fight for religious liberty regarding...
The New Colonialism: Renting Wombs
It was once said that the sun never set on the British Empire. The Brits colonized vast areas of the earth, civilizing exotic places with the likes of afternoon tea and cricket. Oh, and happily using up natural resources along the way. Those days are gone, but we’ve entered a new era of colonialism: renting the wombs of women in exotic places to fulfill a desire to have a child, under any circumstances. And now the natural resources are the...
Acton’s Most Tweetable Moments: 2012
Acton’s Twitter followers are at an all-time high, and we’re gaining about 45 new followers every month. Here’s a look back at our 10 Most Tweetable Moments of 2012: Acton Commentary: The LBJ Curse on the Black Vote How to explain the entitlement crisis to an 8 year old The FRC Shooting & the vocation of a hero The Israelites of the Hebrew Bible never quite figured out how best to arrange human political affairs Internships for 2012 Christian schools...
New Pentecostal Primer: ‘Flourishing Churches and Communities’
Christian’s Library Press has released the third book in their Work & Economics series,Flourishing Churches and Communities: A Pentecostal Primer on Faith, Work, and Economics for Spirit-Empowered Discipleship by Charlie Self. Dr. Self isdirector of PhD studies in Bible and theology and associate professor of church history at Assemblies of God Theological Seminary in Springfield, Missouri. Previous books in the series wereFlourishing Faith by Chad Brand andHow God Makes the World A Better Place by David Wright. While Pentecostal Christianity...
Samuel Gregg: United States succumbing to ‘Eurosclerosis?’
In the New York Post, Acton Research Director Samuel Gregg looks at “the spread throughout America of economic expectations and arrangements directly at odds with our republic’s founding” and asks what the slow walk to “Europeanization” means for the long term. Gregg: Unfortunately there’s a great deal of evidence suggesting America is slouching down the path to Western Europe. In practical terms, that means social-democratic economic policies: the same policies that have turned many Western European nations into a byword...
The Year in Commentary: Various
Every Wednesday we publish the Acton Commentary, a weekly article that covers topics related to Acton’s mission. As es to a close I thought it would be worth highlighting the mentaries that have been produced by Acton Institute staffers over the past year. The following list includes articles published in 2012 by various Acton Institute staffers: Kishore Jayabalan, director of Istituto Acton February 08, 2012 Obamacare vs the Catholic Bishops May 02, 2012 Vatican Affirms ‘Supernatural’ Purpose to Work Life...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved