Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Apr 30, 2026 4:20 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
Only an EU ‘empire’ can secure liberty: EU leader
Is a European-wide patible with liberty? A prominent EU leader mended transforming the European Union into an “empire” at a UK political party conference this weekend, to sustained applause. “The world order of tomorrow … is a world order based on empires,” said Guy Verhofstadt, a Member of European Parliament (MEP) and the EU’s chief negotiator on Brexit. He is also leader of the EU’s Alliance of Liberals and Democrats for Europe faction. ments came at the party conference of...
Fact check: Did the wealth tax increase the number of millionaires?
“If you want less of something, tax it,” the old adage goes. If that is the case, why is a prominent European newspaper reporting that the number of millionaires increased after one nation introduced a wealth tax? “Number of super-rich in Spain grows 74% since reintroduction of wealth tax,” a headline in Spain’sEl Paisreportedrecently. Here are the facts: Background Spain introduced a wealth tax (Patrimonio) in 1977 as a “temporary” measure. In 1991, lawmakers admitted the 14-year-old tax would be...
Every politician is Andrew Yang
Richard Nixon supposedly once said, “We’re all Keynesians now,” referring to the new accepted regime of monetary policy. Today, we have far bigger problems than our Keynesian Federal Reserve. Any present-day politician could just as well say, “We’re all Andrew Yang now.” Andrew Yang, for those who don’t know, is running for the Democratic nomination for president. He’s an eccentric businessman whose signature policy proposal is that he wants to give you cold hard cash. Really. While many, including me,...
Rev. Ben Johnson at Natl Catholic Register: Praying to the true ‘King of Israel’
The week after Donald Trump tweeted a message proclaiming himself the ing of God,” I decided to say a prayer to the “King of Israel” (although quietly, since my bishop encouraged me to pray so softly that no parishioner would hear me). I am assured that literally thousands of priests in this country have joined me in standing before our altars and whispering an identical prayer, using the same moniker. This is not a confession of idolatry nor an insider’s...
Charles Dickens, poverty, and emotional arguments
Why is it that the Industrial Revolution of the 19th century is so often our go-to mental paradigm for poverty? CapX’s John Ashmore, for instance, recently wrote of those who “feel an argument about poverty is plete without claiming we’ve somehow gone back to the 19th century.” Were there no poor people before that? (There were, obviously.) There are a number of possible answers – an increase in the concentration of poverty with growing urbanization and industrialization, which made poverty...
The problem with intellectuals
I am in the curious position of being a blogger who distrusts opinions. The late yoga master B.K.S. Iyengar put it best when he wrote, “An opinion is yesterday’s right or wrong knowledge warmed up and re-served for today’s situation.” Too often opinion is divorced from both personal experience and rigorous thought. F.A. Hayek’s essay “The Intellectuals and Socialism” is an attempt at defining the nature and function of professional opinion-havers. His description of them as, “second hand dealers in...
New ‘Religion & Liberty’ focuses on the student loan crisis
The newest issue ofReligion & Libertyhas been uploaded. You can view it here. This issue ofReligion & Libertyfocuses on higher education in all its fulness. Two statistics throw the college tuition crisis into stark relief: Since 1978 – the year the federal government offered subsidized loans to all students – the cost of college tuition has risen by 1,375 percent. And another 1,400 students default on those loans every day. The cover story by Anne Rathbone Bradley unravels the crisis...
The cosmic battle for economics: Toppling ideological idols with Christian wisdom
When I began my freshman year of college, I didn’t care much about economics. Having been raised in a conservative Christian home, I had adopted a generically pro-capitalism shtick, but it wasn’t much to stand on. As I arrived at my left-leaning Christian college, that lack of foundation soon became clear. I found myself swirling amid campus debates about “economic justice,” infused with lofty religious language. Progressive economic policies were championed with social-gospel gusto and the Acts-2 arguments for socialism...
5 facts about the U.S. Constitution
Today is Constitution Day, which is observed every year to remember the Founding Fathers signingthe Constitution on September 17, 1787. Here are five facts you need to know about the Constitution: 1. Neither Thomas Jefferson nor John Adams signed the Constitution, nor attended the Constitutional Convention. Adams served as our representative to Great Britain, and Jefferson represented U.S. interests in France. Both died on July 4, 1826. 2. promisedid e about because the Founding Fathers considered African-Americans “three-fifths of a...
Alejandro Chafuen in Forbes: The uncertainties of the Brexit debate
Acton’s own Alejandro Chafuen recently returned from a visit to England, and today in Forbes he offers a few of his impressions and analyses of the contentious Brexit process. The political machinations of the current situation are seemingly endless, but its ramifications are more than just political. As Chafuen points out, for instance, the ongoing saga brings uncertainty for anyone who does business in the UK. “We have many issues that go to a referendum in Switzerland. But after the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved