A federal judge in Oklahoma has ruled against the Obama Administration in a case challenging the federal Dept. of Health and Human Services decision to extend tax subsidies to states without a state health insurance exchange.
The decision comes on the heels of several other rulings, including the opinion of the D.C. Circuit in Halbig v. Sebelius.
Much of the discussion in political and legal circles have centered on the phrase in the ACA legislation that requires the taxes to be levied to pay for subsidies on exchanges “established by the State”. ObamaCare supporters have argued that the intent of the legislation should override the actual language, while detractors have said the legislation prohibits federal rules from extending the tax subsidies to states unless the state has set up an insurance exchange.