Obamacare supporters are very worried about last week’s decision in Halbig v. Burwell, in which the D.C. Circuit Court of Appeals ruled that the IRS didn’t have the authority to dole out subsidies to consumers who purchased covered on the federal insurance Exchange.
In light of recently discovered January 2012 comments made by Jonathan Gruber, chief architect of the Obamacare, the Obama administration’s allies are trying to spin the legislative history of the law.
Greg Sargent, who writes at the Washington Post’s PlumLine blog, says that language authorizing the federal Exchange was actually in the version of Obamacare that passed the Senate Health, Education, Labor and Pensions (HELP) Committee, but was taken out when its version was merged with the Senate Finance Committee’s version:
A reconstruction of the process by which that contested phrase got into the law demonstrates two key facts:
1) The first Senate version of the health law to be passed in 2009 — by the Health, Education, Labor and Pensions Committee — explicitly stated that subsides would go to people on the federally-established exchange. A committee memo describing the bill circulated at the time spelled this out with total clarity.