ObamaCare faces another challenge in federal court

“Congress figured because it was loading up the state exchanges with a lot of goodies that just about every state would make the choice to participate,” said Sam Kazman, general counsel for the Competitive Enterprise Institute.

The administration was “unpleasantly surprised” when dozens of states “said thanks, but no thanks,” Kazman said. He believes the IRS is acting in concert with the administration to extend those attractive subsidies to all states – including those that opted out, an interpretation which gives rise to both employer and individual mandates and penalties – critical to helping fund the ACA.