The newest Obamacare challenge should be a doozy.
Does intent overrule the wording of the law?
Democratic staffers know what they meant.
But if the law doesn't state what they intended, who's fault is that?
There is a bit of disagreement among staff over whether the actual language of Obamacare captures this intent — particularly in two key sections, 1311 and 1401.
Section 1311 is the section that indicates the rules and regulations for setting up a health insurance exchange, which 14 states ultimately decided to do in 2014. There's a separate section, 1321, that allows the federal government to run an exchange if a state decides to forgo the option — more on that later.
Section 1401 lays out the rules for who can get a federal subsidy. And there, the law says that the only people eligible for financial help are those who are "enrolled ... through an Exchange established by the State under 1311." And that is where the argument lies that only people who buy insurance on a state-run marketplace are eligible for financial help.
If the work was sloppy, Congress can always go back and fix it.
Except so many who voted for this aren't in Congress anymore.
That was the voter's intent.