In today’s American Spectator I discuss an interesting aspect of Halbig v. Burwell, the lawsuit that may kill Obamacare in 36 states.
During the oral arguments that preceded the recent appeals court ruling against the Obama administration in Halbig v. Burwell, an under-reported yet crucial discussion took place between two of the judges and counsel for the plaintiffs. Judge Harry T. Edwards pronounced himself confused as to why Congress would have concerned itself with what entity ultimately set up Obamacare’s insurance exchanges.
Judge A. Raymond Randolph and attorney Michael A. Carvin did their best to enlighten the befuddled jurist:
JUDGE EDWARDS: I’m trying to understand … who cares who sets up the exchange?
JUDGE RANDOLPH: Ben Nelson …
MR. CARVIN: The enactors of the law …
JUDGE RANDOLPH: Ben Nelson cared.
JUDGE EDWARDS: Who cares?
JUDGE RANDOLPH: Ben Nelson.
MR. CARVIN: They couldn’t get to 60… Ben Nelson said we are not going to have a Federally run exchange, we are going to implement basic principles of federalism and the states are going to run those exchanges or I don’t vote for it and it doesn’t get passed.
Is this the first time you’ve read about Nelson’s misgivings? Well, it would appear that you’re not alone.
To read the rest of the column, click here.