http://news.msn.com/us/us-appeals-co...care-subsidies
The U.S. Court of Appeals for the D.C. Circuit ruled Tuesday that more than half the country shouldn't be receiving tax subsidies under Obamacare -- a ruling that could cripple the health care law if it's ultimately upheld.
The 2-1 decision in Halbig v. Sebelius is the first victory, in any court, for a legal challenge that says the tax subsidies should only be available in states that set up their own insurance exchanges.
The health care law specifically authorizes subsidies in "an exchange established by the State," and the plaintiffs in Halbig said the administration violated the law by also extending subsidies to the in the 36 states using the federal system. They said Congress meant for the tax credits to serve as an incentive for states to establish their own exchanges.