Rep. Scott DesJarlais on Tuesday praised a ruling by a federal judge for the United States District Court for the Eastern District of Oklahoma that Affordable Care Act tax subsidies cannot go to residents of states with a federally-run insurance exchange rather than a state-run exchange.
Judge Ronald White wrote, "The court holds that the IRS Rule is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law."
“This issue goes to the very heart of our constitutional separation of powers,” said Rep.
DesJarlais. “Congress has the sole authority to enact legislation. Regardless of the differing views on ObamaCare, we should all be able to agree that the IRS’s blatant power grab sets a troubling precedent and must not be allowed to stand. I would hope that my Democratic colleagues would be appalled at the idea of an omnipotent executive branch with the power to both create and enforce laws. Today’s ruling affirms the Democratic process and very foundation of our republic.”
He said in July, a three-judge panel of the D.C. Circuit Court of Appeals also ruled that the Affordable Care Act subsidies and tax penalties only apply to state-run exchanges.
In 2012 Rep. DesJarlais introduced legislation that he said would prevent the enactment of the IRS rule allowing subsidies and penalties to apply to both state-run and federally-run exchange.