A Legacy Litigated

A Legacy Litigated

May 29, 2013
Originally published in Slate

Here’s the thinking behind the lawsuit, funded in part by the conservative Competitive Enterprise Institute. The problem, apparently, is a drafting error, but Congress doesn’t want to fix any of those. The Obama administration says the Internal Revenue Service has the authority to extend the tax-credit provisions in the Affordable Care Act to people who use federally run exchanges. But what if the judges who hear the case disagree? Without the tax breaks and subsidies, Lazarus argues, “the individual mandate, constitutional though the Court has declared it, simply won’t work.”