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Michael F. Cannon
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Michael F. Cannon

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My oped on Halbig v. Sebelius at USA Today.
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Michael F. Cannon

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Amici either ignore the Patient Protection and Affordable Care Act's legislative history, or mistake its relevance.
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Michael F. Cannon

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With which I begin a series of posts knocking down post hoc rationalizations for the IRS's lawlessness.
Amici claim that “the ACA was intended to achieve near-universal health insurance coverage in all states.” True, but that does not negate the conditional nature of either the Act’s Medicaid or Exchange subsidies.
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Michael F. Cannon

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Michael F. Cannon

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The more the IRS's defenders write about this case, the more they will undermine the agency's position in court, because its position is untenable.
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So you say the language restricting ObamaCare subsidies to state-established Exchanges is just “a single phrase” – a “statutory snippet,” even. Funny, it was another single statutory phrase that caused the Obama administration to abort another PPACA entitlement called the “CLASS Act."
The hospital lobby asserts Congress did not mean to withhold $21 billion in Exchange subsidies in uncooperative states because that would hurt hospitals. They simultaneously assert, without a trace of irony, that “hospitals los[e] a total of $29.8 billion providing care to Medicare and Medicaid patients” annually.
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Michael F. Cannon

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Government lawyers seem to be suggesting the IRS will keep issuing subsidies and imposing taxes in federal Exchanges even if the courts declare it has no authority to do so.
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    Director of Health Policy Studies, 2004 - present
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