Reps. DesJarlais, Black praise high court's decision to hear Obamacare challenge

photo Rep. Scott DesJarlais stands with his supporters in this file photo.
photo Rep. Diane Black

NASHVILLE -- Two Tennessee Republican congressmen are hailing the U.S. Supreme Court's announcement today that justices will hear a new challenge to President Barack Obama's health care law that could unravel Obamacare.

The justices will decide whether the law authorizes the Internal Revenue Service to approve tax subsidies aimed at helping millions of low to middle-income people afford their health insurance premiums through federally operated exchanges.

That's drawing praise from U.S. Rep. Scott DesJarlais, R-Tenn., and Rep. Diane Black, R-Tenn.

"I have said from the beginning that this issue presents the best chance of finally abolishing President Obama's health care law," said DesJarlais, a South Pittsburg physician, in a statement.

DesJarlais said "it is beyond clear that the Internal Revenue Service violated our Constitution's separation of powers by re-writing a major portion of the Affordable Care Act -- an action reserved exclusively for Congress.

"This goes beyond health care to the very heart of our nation's democratic system of government," the congressman added. "I hope the justices will rule accordingly by striking down this unconstitutional power grab by the Obama administration."

DesJarlais had previously introduced a bill that would "nullify" the IRS rule, which critics say went beyond what the actual language of the Affordable Care Act states.

Black, a former nurse, said in her own statement that the Obama administration "has been potentially doling out billions of dollars in taxpayer subsidies without the proper statutory authority and I applaud the Supreme Court's decision to review this case."

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"If the President has been overstepping his authority as the text of the ACA suggests, this means that his Administration has been misrepresenting the true costs of Obamacare to millions of Americans across the country.

"Even more worrisome," Black said, "is what implications this could have for Americans who have already received subsidies and may be on the hook for back taxes, all due to the President's recklessness in implementing this unworkable law."

According to the Henry J. Kaiser Family Foundation, 151,352 Tennesseans had selected a private insurance plan through the federally operated exchange. That came after Republican Gov. Bill Haslam refused to set up a state-run exchange.

It was not immediately clear how many of these are eligible for subsidies.

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