Thursday, July 19, 2012

Scalia?s Federalist Society Shock Troops

By John Cole July 18th, 2012

I am really sick and tired of being right about this shit:

See what they are doing? Degenerate sociopaths like Scott Walker, Rick Scott, Rick Perry, and Bobby Jindal are all screwing their own citizens by refusing to set up exchanges, and then, their Republican allies in the House and Senate are going to try to make it impossible for federal subsidies to be allowed. I?m sure at this very minute Randy Barnett is hatching up a legal theory that will make Antonin Scalia moist in the loins.

Via Thinkprogress, this:

Now that the Supreme Court has upheld the health insurance mandate in the Affordable Care Act (ACA), two conservative scholars have come up with another legal argument for attacking health care reform. In a paper released Monday, Jonathan Adler and Michael Cannon argue that an IRS regulation implementing the ACA?s tax credits and cost-sharing subsidies is ?illegal.?

The IRS rule provides credits and subsidies to those enrolled in new health insurance exchanges operated by the states or the federal government, but the scholars claim the ACA limits tax credits to those enrolled in state exchanges. Adler and Cannon argue that middle-class Americans enrolled in federal exchanges should not receive tax credits to help them afford health insurance.

The only thing I got wrong was which non-Volokh it would be brewing up the bullshit. This time it was Adler, not Barnett.

Source: http://www.balloon-juice.com/2012/07/18/scalias-federalist-society-shock-troops/

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