In response to:

Why ‘Obamacare’s Critics Refuse to Give Up’

Virginia173 Wrote: Nov 25, 2012 11:32 AM
Colorado's health care exchange was forced down the throats of the people of Colorado by the House Majority Leader, who employed such forceful tactics that one freshman representative was nearly compelled to change parties. Testimony against the exchange was thwarted, while testimony in favor was allowed to drag on and on. This was not something Colorado wanted, but "Amycare" prevailed, thanks to thug tactics.

Jonathan Adler and I have a paper titled, “Taxation Without Representation: The Illegal IRS Rule to Expand Tax Credits Under the PPACA.” Our central claims are:

  1. The Patient Protection and Affordable Care Act explicitly restricts its “premium-assistance tax credits” (and thus the “cost-sharing subsidies” and employer- and individual-mandate penalties those tax credits trigger) to health insurance “exchanges” established by states;
  2. The IRS has no authority to offer those entitlements or impose those taxes in states that opt not to create Exchanges; and
  3. The IRS’s ongoing attempt to impose those taxes and issue those entitlements through Exchanges established by the...