Monday, February 23, 2015

Do King v. Burwell supporters want to destroy the healthcare system or not? Hard to tell.

Over at Roll Call's Wonk Wire, Taegan Goddard lays out the fundamental problem that Republicans face in trying to convince Chief Justice Roberts to join with the presumed four SCOTUS justices who want to destroy the Affordable Care Act through King v. Burwell:
“One conservative source close to the case recently explained that the Republican discussions about contingency plans were largely aimed at the chief justice. The source, who requested anonymity to speak candidly, described it as an attempt to ‘make the world safe for Roberts to overturn’ the subsidies and to ‘not let our guys look like they’re going crazy and letting the world spin into chaos.'”
“That’s easier said than done. Scratch beneath the surface and the GOP effort to devise an alternative is a mess.”
So, Republicans are trying to convince Roberts that siding with them won't destroy the health care system, even as the King lawyers are trying to convince Roberts that the federal government intended to compel states by threatening to destroy their health care system. This is the Republican difficulty: they want to take away people's health care, while not being seen as taking away people's health care. And it won't work.

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