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Rstrstx

(1,647 posts)

68. Another problem in the argument - an "Exchange"

Tue Nov 11, 2014, 04:19 AM

Nov 2014

Per Section 1311 (d): "An Exchange shall be a governmental agency or nonprofit entity that is established by a State".

That is what the ACA defines an exchange as. Period. It looks pretty straightforward to me. Fine.

Now here comes along Section 1321 (for the pesky states that don't want to cooperate). In the event a state doesn't yet have an exchange: "the Secretary shall (directly or through agreement with a not-for-profit entity) establish and operate such Exchange within the State and the Secretary shall take such actions as are necessary to implement such other requirements"

The only definition in the ACA bill of an "Exchange" (if I'm reading it correctly) appears in Section 1311 d. Section 1321 gives the Secretary the authority to establish an "Exchange", which had just been defined in 1311 (see above). Thus according to 1311 she has established the type of exchange required by tax code 36b.

Is there a flaw to my logic?

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Say goodbye to Obamacare... [View all] randys1 Nov 2014 OP

Why would Roberts suddenly start giving a shit now about the lives of "average" Americans? villager Nov 2014 #1

If this goes thru, I hope the people they will murder will react in some manner randys1 Nov 2014 #2

Why did Roberts twist himself into a pretzel to preserve the ACA in 2012? (nt) Nye Bevan Nov 2014 #10

Private mandates BlindTiresias Nov 2014 #31

The subsidies are also a huge benefit to the insurance companies. Jim Lane Nov 2014 #97

Yeah, but the same is true of welfare programs or a basic income BlindTiresias Nov 2014 #98

ACA subsidies are a much more direct benefit to an identifiable class Jim Lane Nov 2014 #102

I have my doubts BlindTiresias Nov 2014 #103

In 2012, Justice John Roberts Eric J in MN Nov 2014 #41

Probably saved it because it was in his own best personal interest Samantha Nov 2014 #64

What is John Roberts' pre-existing condition? NT Eric J in MN Nov 2014 #77

I have only heard the name of it once and cannot remember it Samantha Nov 2014 #80

Epilespy or some other seizure disorder. Fawke Em Nov 2014 #86

It is not epilespy because when I read the name of the disease I had never heard of it Samantha Nov 2014 #125

A good question. I believe that Roberts actually wrote the decision to strike the ACA down, StevieM Nov 2014 #47

He recognized the language problem and knew he Purrfessor Nov 2014 #51

I strongly doubt that. The so-called "language problem" is a recent fiction. Jim Lane Nov 2014 #96

Regardless of what everyone else was saying... Purrfessor Nov 2014 #120

There's a theory customerserviceguy Nov 2014 #61

There must be executive action Skink Nov 2014 #3

They aren't in contempt of the law SickOfTheOnePct Nov 2014 #6

Then the wording is moot. Skink Nov 2014 #7

Sorry, not following n/t SickOfTheOnePct Nov 2014 #8

Go to bed then. Skink Nov 2014 #29

What do you mean that the wording is moot? n/t SickOfTheOnePct Nov 2014 #35

Mmm, well the ACA does say that each state "shall establish an Exchange" Rstrstx Nov 2014 #30

Unlikely BlindTiresias Nov 2014 #32

No, it doesn't say that SickOfTheOnePct Nov 2014 #36

The Federal government cannot order state governments to do that under the Constitution Yo_Mama Nov 2014 #55

Actually it did Rstrstx Nov 2014 #66

Another problem in the argument - an "Exchange" Rstrstx Nov 2014 #68

Congress, if they werent domesstic terrorists, the cons that is, could fix this the way congress randys1 Nov 2014 #82

Thank you for the correction SickOfTheOnePct Nov 2014 #101

The Federal government doesn't have the legal authority to mandate that states establish an Exchange Yo_Mama Nov 2014 #53

If this does happen Politicalboi Nov 2014 #4

be careful BlindTiresias Nov 2014 #13

Guess what? A lot of the "blue" states Art_from_Ark Nov 2014 #15

West Coast Union BlindTiresias Nov 2014 #19

Of course, California hasn't always been blue Art_from_Ark Nov 2014 #22

Maybe BlindTiresias Nov 2014 #27

Yah... malokvale77 Nov 2014 #28

Well BlindTiresias Nov 2014 #33

Of course California is not the whole West Coast....Democrats won in Oregon by margins like 20% Bluenorthwest Nov 2014 #105

Obama Betrayed His Base billhicks76 Nov 2014 #39

Heard this 2 yrs. ago and thought it super. This can't go on, better to save some appalachiablue Nov 2014 #48

That's just so Cliven Bundy. nt Nuclear Unicorn Nov 2014 #81

What scares me is that the election kind of gave them a go ahead if they want to take it that way. jwirr Nov 2014 #5

Wasn't roberts the deciding vote in favor of the govt Boom Sound 416 Nov 2014 #9

He's happy to do things like preserve the ACA to keep the heat off him and the SCOTUS, Nye Bevan Nov 2014 #14

Could be BlindTiresias Nov 2014 #18

You would think that Ebola was an eye opener. Baitball Blogger Nov 2014 #20

Not to he cycinal, but Boom Sound 416 Nov 2014 #24

Kick Cha Nov 2014 #11

Protesters outside should put a huge board of faces of the people that will die if the court rules.. AZ Progressive Nov 2014 #12

The elites won't care BlindTiresias Nov 2014 #16

Ah, a little truth shines in. WHEN CRABS ROAR Nov 2014 #52

Everyone alive today will die if the Supremes vote against the ACA FrodosPet Nov 2014 #65

And they're the pro-life party....pfft! nt ChisolmTrailDem Nov 2014 #17

GOP is pro fetus, and pro death for everybody else. blkmusclmachine Nov 2014 #43

I called my state representative, Kathy Byron, who only seems to care about the fetus. phylny Nov 2014 #73

Interesting article shaayecanaan Nov 2014 #21

Remember though that the mess that passed Yupster Nov 2014 #129

It would always have been a mess shaayecanaan Nov 2014 #132

And thus universal health care is permanently impossible. geek tragedy Nov 2014 #23

Must be great to be right wing in this country BlindTiresias Nov 2014 #34

No, all the litigating is settled on that - Congress has the power to do it. Yo_Mama Nov 2014 #56

Congress will never touch healthcare legislation again. geek tragedy Nov 2014 #62

That word 'never' is one I've heard spoken with great certainty about LGBT rights, marriage equality Bluenorthwest Nov 2014 #106

"Not in my lifetime" is more precise then. geek tragedy Nov 2014 #108

btw...if the court rules for the states dixiegrrrrl Nov 2014 #25

We are still signing up this week. B Calm Nov 2014 #26

My bcBS raised my rates $105 already. glinda Nov 2014 #40

Hope they don't screw it up before Melurkyoulongtime Nov 2014 #37

I think Roberts pulls the trigger this time. He is drifting with a bloody red state flag. Be damned kairos12 Nov 2014 #38

No way. The mandate was a corporate wet dream. woo me with science Nov 2014 #42

Teaparty is in charge of the repub party, are they in charge of Roberts, this is the question randys1 Nov 2014 #84

No, it's not. This is corporate oligarchy, and Obamacare was written by insurance companies. woo me with science Nov 2014 #89

Wait, MY response is 3rd Way smokescreen? randys1 Nov 2014 #90

How soon they forget the meeting behind closed doors ...single payer advocates excluded. L0oniX Nov 2014 #124

... L0oniX Nov 2014 #123

When right-wingers see the word "Obamacare" they read "N****rcare". backscatter712 Nov 2014 #44

Pains me to say it; but you're right Populist_Prole Nov 2014 #67

Righty is furious at all who voted for that Black man randys1 Nov 2014 #83

Sadly, probably true. Hoyt Nov 2014 #126

rename it RomneyCare - that's exactly what it IS TorchTheWitch Nov 2014 #136

If I remember correctly we were also humbled_opinion Nov 2014 #45

The reps won't explain it jeff47 Nov 2014 #49

Tommy Douglas started single-payer universal health care in Saskatchewan. Manifestor_of_Light Nov 2014 #128

The ACA is the last piece of national healthcare legislation. geek tragedy Nov 2014 #63

Eh, blue states? BlindTiresias Nov 2014 #71

Not the original Heritage policy--important geek tragedy Nov 2014 #75

i am saying BlindTiresias Nov 2014 #87

Oregon Democrats won by huge margins, Oregon would eagely start our own system. Bluenorthwest Nov 2014 #107

Massachusetts BlindTiresias Nov 2014 #112

Oregon seems to have their shit together BlindTiresias Nov 2014 #119

All that will be left is the tax bill, and I'm not so uncertain that that wasn't the plan all along. blkmusclmachine Nov 2014 #46

It would endanger the long term viability of the whole system. But mn9driver Nov 2014 #50

The GOP-Controlled Congress and the GOP-Controlled Media Will Blame Obama for the Mess AndyTiedye Nov 2014 #54

Maybe. mn9driver Nov 2014 #57

It Isn't Up to the Voting Public AndyTiedye Nov 2014 #118

And if we roll over and do nothing at that point, we deserve what happens to us randys1 Nov 2014 #85

Honestly BlindTiresias Nov 2014 #58

Might force the hand of states that are resisting- might be a good thing JCMach1 Nov 2014 #59

I live in Louisiana Ex Lurker Nov 2014 #70

Canada and Europe got it good to not have to go through this crap. eom Jamaal510 Nov 2014 #60

Canada did go through this crap at one time... Spazito Nov 2014 #95

why bother with state-exchanges at all? quadrature Nov 2014 #69

An easily crippled half measure BlindTiresias Nov 2014 #72

It was to win over conservative Democrats in Congress with a states rights element. Eric J in MN Nov 2014 #78

My DW just hired one more Doc and Two nurses thanks to ACA funding. ileus Nov 2014 #74

So can we stop calling the Supremes justices and a court now? fasttense Nov 2014 #76

Really? This is about racism? Capt. Obvious Nov 2014 #79

I cant help you if you dont understand that WHITE HOT HATE of Obama based on who he is randys1 Nov 2014 #88

No, you're wrong Capt. Obvious Nov 2014 #92

Yeah, it has nothing to do with racism or getting healthcare to Black families randys1 Nov 2014 #93

Okay Capt. Obvious Nov 2014 #94

This message was self-deleted by its author Old Nick Nov 2014 #91

Thank you for self-deleting. nt stevenleser Nov 2014 #99

what was said? randys1 Nov 2014 #113

I will PM you. nt stevenleser Nov 2014 #114

Consider the political consequences of a ruling against the ACA Jim Lane Nov 2014 #100

Republican voters don't think about real life geek tragedy Nov 2014 #111

Nor do the Firebaggers here unfortunately. stevenleser Nov 2014 #115

Firebaggers, Teahadists, same shit, different pile. nt geek tragedy Nov 2014 #116

This challenge is about private companies getting money from the government. There's no way hughee99 Nov 2014 #104

everything good about the ACA has always been vulnerable 0rganism Nov 2014 #109

I don't think that's going to happen. Bluenorthwest Nov 2014 #110

+1. As much as I distrust right wingers, I'm not worried about this case. Hoyt Nov 2014 #127

if so, I wonder if pre-existing condition discrimination and lifetime limits ecstatic Nov 2014 #117

That is one possible way the Supremes may rule Yupster Nov 2014 #130

Scares the hell out of me Bigredhunk Nov 2014 #121

This lawsuit could only be filed Yupster Nov 2014 #131

You voted for Obama, righty wants to kill or dehumanize all who did randys1 Nov 2014 #139

I won't miss it. I don't qualify ...and I wanted single payer. L0oniX Nov 2014 #122

Many of us will. It's not just about those mmonk Nov 2014 #133

We'll miss it. We're retired and just a couple years shy for medicare. B Calm Nov 2014 #134

Millions will miss it and many will die...but dont worry about them randys1 Nov 2014 #137

I have a disabled wife to care for ...that's enough or me to "worry about". L0oniX Nov 2014 #140

You could have said that... randys1 Nov 2014 #141

You could realize that opinions and perspective can come from ones experiences and life situation. L0oniX Nov 2014 #142

This uncertainty is what is keeping me in a job that's killing me. AngryOldDem Nov 2014 #135

Sounds like you work for a republican or teapartier randys1 Nov 2014 #138

I do. A LOT of them, as a matter of fact. AngryOldDem Nov 2014 #143