[From article]
In his decision, U.S. District Judge Ronald White concluded Tuesday that the IRS rule altering the Obamacare law and providing billions in subsidies is "arbitrary, capricious and abuse of discretion":
"The court holds that the IRS rule is arbitrary, capricious, and abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C.706(2)(A), in excess of summary jurisdiction, authority or limitation, or short of statutory right, pursuant to 5 U.S.C. 706(2)(C), or otherwise is an invalidation of the ACA [Affordable Care Act], and is hereby vacated. The court's order of vacatur is stayed, however, pending resolution of any appeal from this order."
[. . .]
"The Obama administration created this problem and rather than having an agency like the IRS rewrite a law it didn't like, the administration should have done the right thing and worked with Congress to amend the law. Oklahoma was the first to challenge the administration's actions and today's ruling vindicates what we recognized early on and that is the administration can't rewrite the Affordable Care Act by executive fiat."
[. . .]
Tuesday's decision is the latest in a wave of court losses for Obamacare.
Currently, over a hundred lawsuits have been filed against Obamacare - and Obamacare has lost 91% of the cases decided to-date, (71 losses out of 78 decisions), according to the latest tally by The Beckett Fund.
http://cnsnews.com/mrctv-blog/craig-bannister/judge-irs-obamacare-rule-arbitrary-capricious-and-abuse-discretion
Judge: IRS Obamacare Rule 'Is Arbitrary, Capricious, and Abuse of Discretion'
October 2, 2014 - 1:10 PM
By Craig Bannister
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