John Fund looks at the court case on exchanges - did Congress really mean subsidies should be dispensed only through state exchanges?
In a sign that the Obama Justice Department fears a defeat, it took the highly unusual step of asserting last week that the D.C. appeals court lacks the jurisdiction to invalidate its interpretation of Obamacare. The Wall Street Journal noted: “In other words, even if the court finds that the administration is acting illegally, it cannot strike down the IRS-HHS rule and the executive branch will continue to ignore both Congress’s law and the law of the courts. There are few if any precedents for such a remarkable argument.” Judges will clearly not be amused by arguments that the executive branch thinks they are superfluous.
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