Over at Ace, the defense of subsidies for purchasing through the Obamacare federal exchange gets shredded.
Sargent just helpfully informed us that an earlier version of the ACA -- not a draft, mind you, but one that was actually passed out of committee -- included explicit language granting subsidies to people on federal exchanges, language that was later dropped from the final bill.
If Sargent had been an attorney rather than a layman, this is the point where he would have hit "delete" on his draft post and forgotten all about it.
One of most fundamental rules of statutory interpretation used by courts when they are asked to discern legislative intent from ambiguous statutory language is this: if explicit language was in an earlier version of a bill but dropped from the final version, the court will treat that as proof it was removed on purpose.
It was there.
It was removed.