Posted on 06/09/2015 2:22:03 PM PDT by SteveH
In 2011 and 2012, I researched and wrote along with Case Western Reserve University law professor Jonathan H. Adler a law-journal article that explains why the IRSs actions are illegal. Our work laid the foundation for King and three similar cases. To our knowledge, we have done more research on the question of what Congress really meant than anyone.
When we began, we knew Congress routinely conditions benefits to individuals on states implementing federal programs. The Supreme Court has held that Congress cannot compel states to implement such programs, but it can create incentives for states to do so. Medicaid is an example. Congress offers states billions of dollars but only if the states run health-care programs for the poor that meet federal standards.
Still, we assumed Congress must have made a drafting error when it authorized premium subsidies only in states that establish an exchange. Personally, I thought the ACAs authors would never intentionally condition this essential piece of the laws regulatory scheme on state cooperation. Our research forced me to re-evaluate that assumption.
[...]
Our prior assumption about what Congress intended was uninformed. It literally had no support in either the statute or the legislative history. To this day, I am surprised, and a little embarrassed, that I could have been so wrong.
(Excerpt) Read more at cato.org ...
So if they’ve said that (and I believe you) they’ve let the court off the hook. The court knows if they strike it down there won’t be any real consequences.
It is rather ironic...
No Republicans voted for it but in the end it will be Republicans that save it - and will own it...
I have stopped trying to guess how Roberts or Kennedy will vote in any case.
It will be the 2014 debt extension and 2015 Homeland Security appropriation bills all over again.
The Republicans will propose a bill to temporarily extend the subsidies and at the same time terminate the employer and individual mandates.
The Democrats will scream bloody murder and demand a "clean" bill that only extends the subsidies. The lamestream media will then run countless stories about poor people who can no longer afford health insurance because the evil Republicans are stealing their free government checks from them.
The Republicans will then cave and pass the Democrats' bill.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.