Wednesday, October 30, 2013

Halbig is it?

Last week, we noted that Michael Cannon's years-long coverage of the subsidy vs Federally-run Exchange issue had passed another hurdle:

"A federal judge ... refused to dismiss a case that could fatally cripple the Obamacare health insurance law ... 'The IRS cannot rewrite the law that Congress passed'"

This was a substantial blow to proponents of the ObamaTax, and this week, Michael has more details on why this is, in fact, a very big deal. I highly recommend that you click on through.

But I wanted to highlight a few items. Joel L. McElvain is the government's Obamastration lawyer arguing the case on behalf of his masters. Here he attempts verbal jujitsu, with predictable effect:

"Congress is creating a “legal fiction” that each state has established an Exchange. If a state does not establish an Exchange, “the premise stands” that it has. Therefore, when the federal government establishes an Exchange, it is, fictionally but legally, “an Exchange established by the State.”

I told Michael that this gave me a headache, and wondered how Mr McE could say that with a straight face.

A bit later, we run into our old "friend," Timothy Jost. Esteemed co-blogger Patrick recently skewered Mr J here:

"So tell me Tim, as a law professor which quote of yours is correct?"

Definitely read Michael's piece, it's quite enlightening.
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