Federal Judge Strikes Down ACA Exchange Subsidies

On Tuesday, Judge Ronald A. White of the U.S. District Court for the Eastern District of Oklahoma vacated the IRS rule that allows premium subsidies in states that refused to establish an exchange under the Affordable Care Act.  The court holds that the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C. §706(2)(A), in excess of statutory jurisdiction, authority, or limitations, or short of statutory right, pursuant to 5 U.S.C. §706(2)(C), or otherwise is an invalid implementation of the ACA, and is hereby vacated.

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