Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Mar 15, 2026 10:57 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
Verse of the Day
  Commentary on Today's Verse   Commentary on Luke 6:27-36   (Read Luke 6:27-36)   These are hard lessons to flesh and blood. But if we are thoroughly grounded in the faith of Christ's love, this will make his commands easy to us. Every one that comes to him for washing in his blood, and knows the greatness of the mercy and the love...
Verse of the Day
  Commentary on Today's Verse   Commentary on Ecclesiastes 5:9-17   (Read Ecclesiastes 5:9-17)   The goodness of Providence is more equally distributed than appears to a careless observer. The king needs the common things of life, and the poor share them; they relish their morsel better than he does his luxuries. There are bodily desires which silver itself will not satisfy, much less...
Verse of the Day
  Romans 8:28 In-Context   26 In the same way, the Spirit helps us in our weakness. We do not know what we ought to pray for, but the Spirit himself intercedes for us through wordless groans.   27 And he who searches our hearts knows the mind of the Spirit, because the Spirit intercedes for God's people in accordance with the will...
Verse of the Day
  Romans 16:17-18 In-Context   15 Greet Philologus, Julia, Nereus and his sister, and Olympas and all the Lord's people who are with them.   16 Greet one another with a holy kiss. All the churches of Christ send greetings.   17 I urge you, brothers and sisters, to watch out for those who cause divisions and put obstacles in your way that are...
Verse of the Day
  2 Corinthians 6:14 In-Context   12 We are not withholding our affection from you, but you are withholding yours from us.   13 As a fair exchange-I speak as to my children-open wide your hearts also.   14 Do not be yoked together with unbelievers. For what do righteousness and wickedness have in common? Or what fellowship can light have with darkness?   15...
Verse of the Day
  Commentary on Today's Verse   Commentary on James 5:12-18   (Read James 5:12-18)   The sin of swearing is condemned; but how many make light of common profane swearing! Such swearing expressly throws contempt upon God's name and authority. This sin brings neither gain, nor pleasure, nor reputation, but is showing enmity to God without occasion and without advantage It shows a man...
Verse of the Day
  Ephesians 6:14-16 In-Context   12 For our struggle is not against flesh and blood, but against the rulers, against the authorities, against the powers of this dark world and against the spiritual forces of evil in the heavenly realms.   13 Therefore put on the full armor of God, so that when the day of evil comes, you may be able to...
Verse of the Day
  Commentary on Today's Verse   Commentary on 1 John 4:7-13   (Read 1 John 4:7-13)   The Spirit of God is the Spirit of love. He that does not love the image of God in his people, has no saving knowledge of God. For it is God's nature to be kind, and to give happiness. The law of God is love; and all...
Verse of the Day
  Deuteronomy 7:9 In-Context   7 The Lord did not set his affection on you and choose you because you were more numerous than other peoples, for you were the fewest of all peoples.   8 But it was because the Lord loved you and kept the oath he swore to your ancestors that he brought you out with a mighty hand and...
Verse of the Day
  1 John 4:19 In-Context   17 This is how love is made complete among us so that we will have confidence on the day of judgment: In this world we are like Jesus.   18 There is no fear in love. But perfect love drives out fear, because fear has to do with punishment. The one who fears is not made perfect...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved