No, Halbig Did Not Gut Obamacare because of a Drafting Error

Let’s take a step back to see how plausible that explanation is. There are two types of exchanges: state-established, and federally established. The statutory authority for state-based exchanges comes in section 1311 of Obamacare. The statutory authority for a federal exchange in the event that a state chose not to establish one comes from section 1321(c) of Obamacare. Right off the bat, we have two discrete sections pertaining to two discrete types of health exchange. Was that a “drafting error”?

Then we have the specific construction of section 1321(c), which allows for the creation of a federal exchange. Nowhere does this section say that an exchange created under its authority will have the same treatment as a state-based exchange created under section 1311. At no point does it say that section 1321 plans are equivalent. Why, it’s almost as though the exchanges and the plans offered by them were not intended to receive the same treatment. Was that another “drafting error”?

The American Legion Baseball Rulebook...has fifty-six pages. There’s only one guy who gets to edit and draft it...while there might be twenty guys in the discussion committee, and maybe another hundred regional guys who get a whack at changing certain rules. That’s the only way that you stay pure and clear on final version.

So, you start a new rulebook....2,300 pages. How many people controlling the final draft? Forty? A hundred? Two-hundred and forty?

How many people get a whack at changes on the 2,300 pages? At least a thousand? How many lobbyists are making inputs to one group but avoiding discussion with an entirely different group? How many Republican agents are part of the process and intent on writing corrupt standards into the 2,300 pages?

When you look over the 1936 Society Security Act...it was roughly sixty-six pages. One editor, and I’m guessing around two or three secretaries to type up changes as it progressed. It was under some form of control.

In this case....if the same idiots were writing the American Legion Baseball Rulebook....there’d be some listing requiring a player to squat over second base in the third ending...just for looks....before the opposing team could allow a batter to go up to the plate. The umpire would have wear a different color of shirt, depending on the day of the week. And rain-outs could only be called if seven spectators from the audience all agreed...but the seven could only be male, over the age of fifty, and be mentally alert when asked the question.

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