Under ObamaCare, the IRS becomes the arbiter of health-insurance acceptability. Now Barack Obama needs the IRS to rescue ObamaCare entirely, thanks to a massive legislative defect that the President has no hope of rectifying in the new Congress. Thanks to sloppy legislative work, the PPACA’s subsidies to taxpayers won’t apply in states that refuse to create exchanges — which means that the states have a clear mechanism to block ObamaCare’s implementation.
Whoopsie? Talk about passing the bill to find out what's in it.
You can guess the "solution" the admin wants. Just have the IRS "fix" the law. We're seeing a pretty good example of "Living Constitution" logic at work here. The law as written is a massive boondoggle that's shot itself in the foot? Never-fear, we'll just pretend that we passed the bill we wanted to pass.
Unfortunately for Obama, federal agencies can create rules — but they cannot amend statutes. Neither can executive orders. If the statute does not authorize premium assistance in federal exchanges, then it would require an act of Congress to amend the statute to allow it.
Though again, the administration might see this failure as a feature not a bug, and use it to force states to comply. Isn't that nice?
Ace has similar thoughts
Click on the link to read (or re-read) Obama's attempt to legislate as president-- the IRS is claiming it can, on its own power, re-write the law.
Time was we used to think laws had to be passed by Congress. Under Obama, not so much.
And people were worried that Obamacare would make healthcare more like the DMV. Turns out it'll be the IRS.