” Just because American influence has vanished abroad and American sovereignty has been surrendered at the southern border doesn’t mean that back in Washington all the old Obama scandals aren’t still rumbling on, delightfully unspoilt by progress.
For example, the latest Obamacare exemption has just been proclaimed by King Barack’s Lord Privy Seal of Approval: Residents of American territories (Guam, the US Virgin Islands, etc) have been graciously released by His Majesty from compliance with the law. That’s another four-and-a-half million or so people in the express lane to Exemptistan. I was just getting up to speed on this when the latest court decision on Obamacare came down. And I was just getting up to speed on that when another Obamacare decision came down.
Earlier today the District of Columbia Circuit Court announced that the federal health-care “exchange” was illegal on the grounds that Congress had only legislated for state health-care “exchanges”. For non-American readers, I suppose I should make an effort at explaining what an “exchange” is, but Lord Almighty, it’s a pain. A year ago, “exchange” was something to do with stocks or taking that purple sweater back to the store after Christmas. But by the fall it was the latest exciting jargon-barnacle to encrust to the hulk of American health care: “co-pay”, “HSA”, “Cobra”, “donut hole”, etc, etc – and now “exchange”. Here’s how the District of Columbia Circuit Court explains it:
Section 36B of the Internal Revenue Code, enacted as part of the Patient Protection and Affordable Care Act (ACA or the Act), makes tax credits available as a form of subsidy to individuals who purchase health insurance through marketplaces—known as “American Health Benefit Exchanges,” or “Exchanges” for short—that are “established by the State under section 1311″ of the Act. 26 U.S.C. § 36B(c)(2)(A)(i). On its face, this provision authorizes tax credits for insurance purchased on an Exchange established by one of the fifty states or the District of Columbia. See 42 U.S.C. § 18024(d). “
” In March 2010, almost four-and-a-half years ago, when the Democrats were attempting to pass Obamacare by the parliamentary legerdemain of “deeming” an unpassed bill to have passed, I wrote:
Whatever is “deemed” to have passed in the next few days doesn’t end the debate but begins it. If you’re sick of talking about health care, move to Tahiti, because in the U.S. we’re going to be talking about it until the end of time, or at least until the Iranians nuke Cleveland.
And so it has proved – in part because in a post-constitutional, post-legal America the law of the land is whatever King Barack “deems” it to be. Welcome to the American Deem. “Health care reform” reform, now and forever. “