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No, Obama’s Mentor Does Not Think The Courts Should Gut OCare
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| Prof. Laurence Tribe via Harvard School of Law |
Earlier this week, the Fiscal Times published several quotes from Harvard University Professor Laurence Tribe which suggested that a last ditch lawsuit seeking to blow up the Affordable Care Act could succeed. Tribe is one of the liberal lions of the legal academy. He argued Bush v. Gore on behalf of former Vice President Al Gore. And he mentored President Obama while the president was a student at Harvard Law School. So if Tribe believed that this lawsuit had merit, that would be a big deal indeed. Indeed, that explains why one of the masterminds behind this lawsuit touted Tribe’s comments earlier this morning.
But Tribe does not think that this lawsuit should win. Indeed, he explicitly told ThinkProgress that, if he were hearing this case, he would reject this attempt to undermine Obamacare.
To provide a little background, sometime after the Affordable Care Act was enacted, two of the law’s opponents discovered a drafting error in the statute which, if taken out of context, suggests that millions of people who are eligible for subsidies to buy health insurance should lose those subsidies. This sparked a bevy of lawsuits seeking to take these subsidies away from these individuals, including a case brought by a Republican consultant and a former Bush Administration official that is now pending before a federal appeals court in D.C.
Under Obamacare, states have the choice to either run their own health exchange or to allow the federal government to run a health insurance marketplace for them. The theory of these lawsuits is that residents of the 34 states that took the second option should lose their subsidies because of language in the Affordable Care Act that ties the subsidies to “an Exchange established by the State,” as opposed to one established by the federal government.
Read the full story: www.thinkprogress.org
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