Judge: IRS Obamacare Rule ‘Is Arbitrary, Capricious, and Abuse of Discretion’

In his decision, U.S. District Judge Ronald White concludedTuesday that the IRS rule altering the Obamacare law and providing billions in subsidies and tax credits 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.”

Oklahoma Attorney General Scott Pruitt hailed the state’s victory in its lawsuit challenging the implementation of the Affordable Care Act: “Today’s ruling is a consequential victory for the rule of law. The administration and its bureaucrats in theIRS handed out billions in illegal tax credits and subsidiesand vastly expanded the reach of the health care law because they didn’t like the way Congress wrote the Affordable Care Act. That’s not how our system of government works.”

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.