Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Explainer: The Obamacare Subsidies Ruling (Halbig v. Burwell)
Apr 9, 2026 10:51 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 Matthew 5:3-12   (Read Matthew 5:3-12)   Our Saviour here gives eight characters of blessed people, which represent to us the principal graces of a Christian. 1. The poor in spirit are happy. These bring their minds to their condition, when it is a low condition. They are humble and lowly in their own eyes. They...
Verse of the Day
  Commentary on Today's Verse   Commentary on Jonah 2:1-9   (Read Jonah 2:1-9)   Observe when Jonah prayed. When he was in trouble, under the tokens of God's displeasure against him for sin: when we are in affliction we must pray. Being kept alive by miracle, he prayed. A sense of God's good-will to us, notwithstanding our offences, opens the lips in prayer,...
Verse of the Day
  Commentary on Today's Verse   Commentary on Daniel 6:1-5   (Read Daniel 6:1-5)   We notice to the glory of God, that though Daniel was now very old, yet he was able for business, and had continued faithful to his religion. It is for the glory of God, when those who profess religion, conduct themselves so that their most watchful enemies may find...
Verse of the Day
  Commentary on Today's Verse   Commentary on 2 Corinthians 3:12-18   (Read 2 Corinthians 3:12-18)   It is the duty of the ministers of the gospel to use great plainness, or clearness, of speech. The Old Testament believers had only cloudy and passing glimpses of that glorious Saviour, and unbelievers looked no further than to the outward institution. But the great precepts of...
Verse of the Day
  Commentary on Today's Verse   Commentary on John 6:28-35   (Read John 6:28-35)   Constant exercise of faith in Christ, is the most important and difficult part of the obedience required from us, as sinners seeking salvation. When by his grace we are enabled to live a life of faith in the Son of God, holy tempers follow, and acceptable services may be...
Verse of the Day
  1 Corinthians 15:57 In-Context   55 Where, O death, is your victory? Where, O death, is your sting?Hosea 13:14   56 The sting of death is sin, and the power of sin is the law.   57 But thanks be to God! He gives us the victory through our Lord Jesus Christ.   58 Therefore, my dear brothers and sisters, stand firm. Let nothing...
Verse of the Day
  1 Corinthians 6:9-10 In-Context   7 The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated?   8 Instead, you yourselves cheat and do wrong, and you do this to your brothers and sisters.   9 Or do you not know that wrongdoers will not inherit the...
Verse of the Day
  Commentary on Today's Verse   Commentary on Mark 13:5-13   (Read Mark 13:5-13)   Our Lord Jesus, in reply to the disciples' question, does not so much satisfy their curiosity as direct their consciences. When many are deceived, we should thereby be awakened to look to ourselves. And the disciples of Christ, if it be not their own fault, may enjoy holy security...
Verse of the Day
  Commentary on Today's Verse   Commentary on 2 Thessalonians 3:1-5   (Read 2 Thessalonians 3:1-5)   Those who are far apart still may meet together at the throne of grace; and those not able to do or receive any other kindness, may in this way do and receive real and very great kindness. Enemies to the preaching of the gospel, and persecutors of...
Verse of the Day
  Commentary on Today's Verse   Commentary on Luke 6:1-5   (Read Luke 6:1-5)   Christ justifies his disciples in a work of necessity for themselves on the sabbath day, and that was plucking the ears of corn when they were hungry. But we must take heed that we mistake not this liberty for leave to commit sin. Christ will have us to know...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved