Today in Conservative Lawsuits Against the Obama Administration

New filings in the Obamacare and immigration lawsuits.

The Supreme Court building in Washington DC.

The Supreme Court building in Washington DC.

Photographer: Andrew Harrer/Bloomberg

On Monday, the Supreme Court scheduled oral arguments in the King v. Burwell case–the challenge to subsidies in states that didn't set up individual exchanges under the Affordable Care Act–for March 4. The libertarian Competitive Enterprise Institute simultaneously released its brief in the case, which among other things demonstrates how much the gaffes of Jonathan Gruber have girded the case against the law. To wit:

Jonathan Gruber—a “key architect” of the Act who was paid “close to $400,000 as a consultant to [HHS] during 2009 and 2010,”  and who helped congressional staff “draft the specifics of the legislation,” later explained: “[I]f you’re a state and you don’t set up an Exchange, that means your citizens don’t get their tax credits.… I hope that that’s a blatant enough political reality that states will get their act together and realize there are billions of dollars at stake here in setting up these Exchanges, and that they’ll do it.”

Later:

The Act’s incentive function was well understood by, among others, Jonathan Gruber, a leading ACA architect and HHS consultant who helped draft the legislation. As he explained before the IRS had promulgated its Rule: [I]f you’re a state and you don’t set up an Exchange, that means your citizens don’t get their tax credits.… I hope that that’s a blatant enough political reality that states will get their act together and realize that there are billions of dollars at stake here in setting up these Exchanges, and that they’ll do it. (Jonathan Gruber at Noblis, supra, at 32:00.)

Later in the day, attorney/gadfly Larry Klayman went before federal court in Washington to argue for Maricopa County Sheriff Joe Arpaio in his attempt to get an injunction against the president's immigration order. Democrats don't take the case seriously; but then, they didn't use to take the subsidies case seriously.

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