OK nowhere in the Constitution is the Federal govt. granted power to do this.
Yet ObamaCare states that the tax credit is available to people who are enrolled in an ‘an exchange established by the state under (Section) 1311.’ It makes no mention of people enrolled in federal exchanges being eligible for the tax credit.”
Of course, Obama’s IRS can try to ignore the law, issue another dubious guidance document, and attempt to grant credits to participants in a federally-run exchange. But that would clearly violate the letter of the law, and if they try it they should lose in court.
Even before this glitch was discovered, it made sense for states to refuse to set up exchanges, which are tightly controlled by HHS under extremely restrictive rules. Now states can strike a body blow to ObamaCare by refusing to establish exchanges.This is just one more reason this discussion-draft-turned-law version of ObamaCare is terminally flawed and must be repealed.