People should read this as it lights a path that can be followed that might bring clarity to the justices to come to understand there is no error but intention by the crafters of the ACA.
I keep reading the following speculation involving Supreme Court Justice Anthony Kennedy’s potential vote in the current Obamacare case before the court:
Simply put, Kennedy expressed deep concern with the federalism consequences of a reading that would coerce the states into setting up their own exchanges to avoid destroying a workable system of insurance in the state. <Business Insider, link>
The idea here is that Kennedy will reject the plaintiff’s argument that ACA subsidies cannot be paid to citizens of states in which those states have not launched a healthcare exchange, and will do so because he finds this strong-arming by the federal government to be repugnant in our system of federalism (respect for the sovereignty of individual states).
Well, Anthony Kennedy, I’ve got two pieces of information for you that you might find helpful to consider.
The first is that Jonathan Gruber, the Obamacare architect hired by Barack…
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