Congressman Leonard Lance (NJ-07) today released the following statement following two federal appeals court rulings that effect one of the pillars of ObamaCare. One ruling by the U.S. Court of Appeals for the D.C. Circuit found that the law's premium subsidies are invalid in more than two-dozen states, potentially ending the ability of the federal government to issue subsidies to those enrolled in exchanges established by the federal government. A second ruling in the 4th Circuit Court of Appeals in Richmond, Virginia found the opposite.
"Today's legal rulings are very consequential and undoubtedly will not be the last word on the matter. Millions of taxpayer funds have already been dedicated to these exchanges and now the market, insurers and consumers are left in limbo. This is the exact reason why Congress should not pass thousand page bills without thorough analysis. The Administration has consistently been forced to re-work, delay or completely ignore parts of the President's law as it finds the statute unworkable. The Supreme Court of the United States should review this matter in its coming term."
Lance questioned then-Health and Human Services Secretary Kathleen Sebelius on the legality of the Administration's decision to subsidized non-state exchanges during a December hearing of the Energy and Commerce Health Subcommittee. Sebelius said she was "not a lawyer" and admitted the authority was not explicitly written in statute.