Tag: Burwell

Member Post


Like most everyone here, I’m quite concerned about the effects of the Supreme Court decision on Obamacare subsidies yesterday.  My concerns are two-fold:  first,  the policy implications for healthcare; and second, the implications for the rule of law.   On the first point, I’m starting to feel ever so slightly better.  Had the subsidies been […]

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Obamacare Architect Confesses


Jonathan Gruber is known as one of the architects of Obamacare. Soon, he might be known as the guy who brought it tumbling down.

Last summer, as a federal appeals court considered Halbig vs. Burwell, a 2012 video surfaced of Gruber denying the Obama administration’s current position on the issue. HHS insisted that exchanges “established by the State” was a mere “typo;” Gruber’s old video insisted that precise phrasing was by design. The court ruled against the administration, creating panic among the progressive commentariat.

Will the Newest Obamacare Challenge Succeed at the Supreme Court?


I’ve been asked a lot recently what I think of the Supreme Court’s decision to take up King v. Burwell, one of the legal challenges to the IRS’s decision to allow tax credits and subsidies to be applied to federal insurance exchanges, even though the text of the law seems to indicate that they’re only allowed on exchanges established by the states. I think the chances are high that the administration will lose because:

1. The plain text of the statute denies subsidies to people who live in states without an exchange. This reading is not absurd, because it creates a powerful incentive for states to create an exchange in the first place. The obvious meaning of the text should only be discarded if it creates absurd or ridiculous results. We shouldn’t discount the possibility that the Justices just want to do the right thing!