Quotes of the day

posted at 8:21 pm on July 25, 2014 by Allahpundit

Although Gruber’s remarks were made long after the passage of the law, the comments are a real problem for the Affordable Care Act’s supporters, because one of the key arguments against the lawsuits is that no one who worked on the law envisioned denying subsidies to those in federally run-exchanges…

“As a legal matter, it should really not carry much weight at all. To begin with, the main crux of the D.C. Circuit opinion is based in a strict textualist reading of the statute, that is looking only at the word of the statute and not to any outside sources,” said Rick Hasen, a law professor at the University of California-Irvine. “Even among those who look to legislative history, a statement of a non-legislator made outside of a hearing should be entitled to very little weight.”

Politically, however, the video is a boon to opponents of the Affordable Care Act.

“As a political matter, I think it provides a nice piece of ammunition and rhetorical points for people who subscribe to this theory, because here you have one of the architects of the law making a statement that appears to support their position,” said Hasen.

***

Why is this so important? Because Gruber made this argument in January 2012. This was after the filing of Pruitt v. Sebelius (a Halbig-like case brought by Oklahoma’s state attorney general) but before the U.S. Supreme Court’s ruling on the constitutionality of the Affordable Care Act, and before all the other related cases were filed. At the time he gave this talk, Halbig’s argument was barely on the radar. Yet Gruber, one of the law’s architects, clearly had an understanding of the provision that liberals now say no one shared.

I’ve listened to Gruber’s whole presentation to make sure this wasn’t a poorly phrased snippet unfairly clipped out of context. It’s not. Gruber is succinctly stating the argument made by the plaintiffs in Halbig: that premium subsidies will not be available on federal exchanges, and that this is supposed to incentivize states to build their own exchanges.

To be sure, this was still two years after the law passed, and my understanding is that the court is not supposed to pay attention to post-facto statements about the law’s effect or intent. But unless this is some sort of elaborate hoax, I think this definitively puts to rest the notion that none of the bill’s architects could possibly have thought or intended that the law would have this effect. Gruber thought the law would have this effect — and if anyone would know, he would.

***

GRUBER: You know, someone wrote today a very clever thing, which is whenever we fight about the Constitution, we always wonder, Well, what did the framers really mean? Well, in this case, we don`t have to wonder. We know what the framers of this law meant. We can ask them. We can go to the people who wrote this law and say, Did you ever intend this as a poison pill, or is it just a typo? And every single one of them say it`s just a typo.

So there`s no mystery here. There`s no wondering about original intent in writing this law. This typo — this is just a typo. And if the courts pass this and if it eventually makes it to the Supreme Court, we`re talking about seven million Americans who would become uninsured because of this typo, if they really interpret it that way. It’s just crazy.

***

I don’t mean to overstate the importance of this revelation. Gruber acknowledging this feature of the law is not direct evidence of congressional intent. But Gruber is probably the most influential private citizen/government contractor involved in that legislative process. He was in the room with the people who crafted this bill. There may be videos of them talking about this feature too. (I wouldn’t know; I only researched congressional statements made pre-enactment.) At a minimum, however, with the D.C. Circuit and the Fourth Circuit and now Jonathan Gruber lining up against the idea that it is implausible that Congress could have meant what it said, we can dispense with that argument once and for all.

Interestingly, Gruber changed his story around the same time it seemed this provision might imperil the statute he had worked so hard to craft, enact, and protect.

Just one year later—after the IRS issued a final rule purporting to authorize tax credits in federal Exchanges, after Jonathan Adler and I published our research on this issue, and after people started filing lawsuits challenging that final rule—Gruber was singing a different tune…

Gruber really does have one of the greatest empirical minds in health economics. When he’s not wearing his advocacy hat, I pretty much take what he says as gospel. So when he claims this or that economic dynamic makes it implausible that Congress meant what it said, I guarantee he was aware of all those factors back in 2012. To claim he wasn’t, now that would be implausible.

***

As I wrote a few months ago, this is also the same Gruber who said in January that Obamacare wasn’t designed to save money, even calling the idea that savings were a “misleading motivator” for Obamacare. This was after he very actively promoted the deficit-reducing side of the law before it was adopted and called Obamacare “a historic and cost-effective step in the right direction” toward saving our health-care cost problems. He’s also the guy whose work was used to create the appearance of a consensus among health economists about the ACA, without revealing that he was a paid contractor.

***

Gruber has a history of saying interesting things about his favorite health law. “What we know for sure,” he told Ezra Klein in 2009, “is that [Obamacare] will lower the cost of buying non-group health insurance.” In fact, Obamacare has increased the underlying cost of non-group health insurance by 49 percent in the average county. Now, Gruber says that Obamacare “isn’t designed to save money.”

I wrote on Tuesday that both sides are wildly exaggerating the policy implications of this D.C. court decision. If the Supreme Court upholds the appeals court ruling in Halbig v. Burwell, every state government will set up its own exchange. In other words, the ruling is nothing but a speed bump for Obamacare.

But it’s important for the public record to reflect the fact that it’s not “nutty” or “stupid” or “cynical” or “dishonest” to assert that the Affordable Care Act only authorizes the flow of subsidies through exchanges established by state governments. That’s in fact what the law actually says. It’s what the D.C. Court of Appeals ruled that the law says. And no less an authority than Obamacare’s principal architect, Jonathan Gruber, agrees.

***

I believe that Gruber sincerely does not remember making these remarks. Memory is fallible; at some point, Gruber probably changed his mind and forgot that he had ever believed otherwise. People show a strong tendency to edit their recollections of prior beliefs to reflect the “correct” answer, and even brilliant economists are not immune to this common cognitive bias.

But though I do not fault his honesty, I also think that in January 2012, Gruber did believe that premium tax credits would only be available on state-created exchanges, and that this would give states a strong incentive to create exchanges.

We can draw two conclusions from this: First, the reading of the law by Halbig’s plaintiffs is clearly not ridiculous or dishonest; if it is a mistake, it is a mistake that one of the law’s chief architects could make. And second, we should be very skeptical of people who are now telling us, four years later, what the legislative intent was. Memory really is extraordinarily unreliable, and as we see here, it’s very easy to forget what you believed even a couple of years ago. This is one reason that courts ignore post-facto statements about intent and concentrate on the legal text and the legislative history.

***

Letter to the Honorable Darrell E. Issa Providing Additional Information About CBO’s Cost Estimate for H.R. 4872

December 6, 2012

This letter responds to Chairman Darrell E. Issa’s request for information about CBO’s March 20, 2010, cost estimate for H.R. 4872, the Health Care and Education Reconciliation Act of 2010, in combination with H.R. 3590, the Patient Protection and Affordable Care Act. Specifically, the chairman asked for a description and explanation of CBO’s assumption that the premium assistance tax credits established by that legislation would be available in every state, including states where the insurance exchanges would be established by the federal government.

To the best of our recollection, the possibility that those subsidies would only be available in states that created their own exchanges did not arise during the discussions CBO staff had with a wide range of Congressional staff when the legislation was being considered. Nor was the issue raised during consideration of earlier versions of the legislation in 2009 and 2010, when CBO had anticipated, in its analyses, that the credits would be available in every state. CBO’s analysts reviewed H.R. 4872 and H.R. 3590 to try to ensure that the agency’s estimate accurately reflected the legislative language, as they do for all legislation that they analyze, but that question did not arise in the course of that review, and CBO did not perform a separate legal analysis of that issue.

***

Via the Corner.


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Phil Collins – We Fly So Close

lineholder on July 26, 2014 at 2:07 AM

Breitbart has a new article out on the amnesty shill Senator Lamar Alexander’s (R-TN) primary race against Joe Carr. Alexander agrees with the leftists on debunked “climate change,” and voted for Rubio’s amnesty: http://www.breitbart.com/Big-Government/2014/07/23/Tea-Partys-Joe-Carr-Looks-to-Ride-Anti-Amnesty-Wave-Past-Lamar-Alexander

anotherJoe on July 26, 2014 at 2:09 AM

Phil Collins – Hold On My Heart

lineholder on July 26, 2014 at 2:13 AM

Phil Collins – You’ll Be In My Heart

lineholder on July 26, 2014 at 2:17 AM

Last out for me…good night to all

Dedicated to M.A.H.

lineholder on July 26, 2014 at 2:23 AM

anotherJoe on July 26, 2014 at 2:09 AM

Hi Joe. Seems that Joe Carr has a lot of momentum. Hope he and Milton win.

I’m glad Breitbart is giving the Carr race a lot of attention, but annoyed they are ignoring Wolf.

cat_owner on July 26, 2014 at 2:28 AM

Hi Joe. Seems that Joe Carr has a lot of momentum. Hope he and Milton win.

I’m glad Breitbart is giving the Carr race a lot of attention, but annoyed they are ignoring Wolf.

cat_owner on July 26, 2014 at 2:28 AM

Yeah. Here are links to the news for both races:

Milton Wolf

… ..

Lamar Alexander

anotherJoe on July 26, 2014 at 2:50 AM

evening..
I’m not sure if someone got this already..
its off CNN so the link wont post.. but..

12-hour humanitarian cease-fire between Israel and Hamas begins.

Gaza (CNN) — A 12-hour humanitarian cease-fire between Israel and Hamas started Saturday morning while diplomats worked to create a longer truce in the conflict that has killed more than 900 people, mostly Palestinian civilians.
The cease-fire started at at 8 a.m. Saturday (1 a.m. ET). If the 12-hour cease-fire holds, Palestinians will be able to move medical supplies into Gaza and move out the injured and some of the dead bodies.
Israel Defense Forces says it will keep working to “locate and neutralize tunnels” being used by militants during the cease-fire and will respond with force if militants target Israeli civilians or soldiers.

(I have 8 bucks that Hamas will have rockets in the air in less than 12hours….so I want the under bet…)

going2mars on July 26, 2014 at 3:03 AM

anotherJoe on July 26, 2014 at 2:50 AM

From the links you provided, I ended up finding a poll published Friday showing Roberts with a 20 point lead. If accurate, that would be insurmountable at this stage of the race.

However, polling hasn’t been so accurate. No one predicted a Perdue win either.

What I didn’t realize is that there are two others running in the primary. they are most likely taking a lot more votes from Wolf than from Roberts.

Milton has been endorsed by Red State and many tea party groups. Carr has tea party groups as well as Laura Ingraham. Interestingly, Sarah Palin endorsed him just the other day. She was in TN for a tea party rally a couple of weeks ago. Don’t know why she didn’t endorse him at that time.

Anyway I will not worry about polls. Just hope both guys win.

cat_owner on July 26, 2014 at 3:03 AM

Twelve-hour ceasefire takes effect between Israel, Gaza militants
(maybe reuters will post..)

http://www.reuters.com/news/world

going2mars on July 26, 2014 at 3:12 AM

This is the kind of person uncoolrepubichair is:

I have never eaten a dog in my life, but if there was ever a famine and a dog came my way that MF would be dinner in no time. And I wouldn’t even feel bad about it.

But now I have the option of being all choosy and sh1t.

coolrepublica on July 25, 2014 at 10:25 PM

The difference between humans and animals. If I met with a famine and a starving dog came by I’d share my last can of ravioli with it and I’d feel good about it. For my own dogs, I’d move heaven and earth to make sure they never starve in the first place and it would horrify me that they go hungry, forget about eating them. No can do, not even a thinkable act.

Bashing in someone’s head that is looking at my dog as a meal, now that I wouldn’t feel bad about in the least. I wouldn’t eat them though, I’d take a dump on their dying face.

Diluculo on July 26, 2014 at 3:17 AM

http://m.youtube.com/watch?v=oIAzQ6M2Bow
I know it late but this is for Oscar.. ” Green Tamborine”

Bakokitty on July 26, 2014 at 3:23 AM

ok, this one gets me..
more Pro Palestinians show up in NYC to protest to stop Israel and
scream anti American drivel…
than showed up in the state capital here to protest the invasion of this nation from the south..
more people, in this country, are more upset,
with what is happening
on the other side of the planet, than are upset with
what is happening in this country..
were so doomed.. get a fork..

http://www.reuters.com/video/2014/07/26/hundreds-march-near-times-square-calling?videoId=326235865&videoChannel=117760

going2mars on July 26, 2014 at 3:23 AM

FIFM…tambourine

Bakokitty on July 26, 2014 at 3:27 AM

cat_owner on July 26, 2014 at 3:03 AM

Yes, Laura Ingraham and now Sarah Palin is backing Joe Carr. The big GOP guns are backing Carr. Why didn’t Palin endorse Carr sooner? I think Palin doesn’t want to endorse lost causes, because that would tend to give her a bad Win – Loss record. So that’s huge that she has finally come around to endorsing Carr, as she must think that Carr can actually win! That would be just too huge if the big amnesty shill went down.

http://www.breitbart.com/Big-Government/2014/07/22/Laura-Ingraham-Skewers-Lamar-Alexander-As-Old-And-Out-Of-Touch-in-Rally-For-Joe-Carr

http://www.washingtonpost.com/blogs/post-politics/wp/2014/07/23/sarah-palin-endorses-joe-carr-against-sen-lamar-alexander/

anotherJoe on July 26, 2014 at 3:28 AM

going2mars on July 26, 2014 at 3:23 AM

That’s scary. All these anti Israel protests seem to be getting bigger and more violent, at least in Europe.

Meanwhile, a border invasion is happening right here. It’s like the world has gone completely mad.

cat_owner on July 26, 2014 at 3:35 AM

anotherJoe on July 26, 2014 at 3:28 AM

Almost everyone Palin has endorsed this year have lost so far. That’s not her fault. The candidates are ultimately responsible for winning or losing.

I’m only saying this to point out her endorsement is not nearly as influential as it used to be.

Some comments on Breitbart say they think Palin only jumped in because Laura Ingraham did. We all know Laura was a vocal supporter of Dave Brat.

That may be unfair, but as I mentioned she was just in TN a short while ago. Apparently Carr was not invited to the rally she attended with others. That would have been a perfect opportunity.

I am concerned to hear that TN also has an open primary. We sure don’t need Ds coming out to influence the R primary. Don’t know if they have a competitive race of their own or not.

There is no run off in TN, so whoever ends up on top will go to the general.

Carr certainly seems to have momentum at just the right time. Hopefully it’s enough to get him over the finish line. Early voting has started already.

And Breitbart needs to start writing about Milton. That site gets a ton of traffic.

cat_owner on July 26, 2014 at 3:41 AM

And btw I’m just reading more closely the Breitbart article on Laura Ingraham’s rally for Joe Carr. Here’s an excerpt:

NASHVILLE, TN — Talk radio show host Laura Ingraham skewered Sen. Lamar Alexander during a rally this evening in support of his primary challenger Joe Carr, comparing him to an “old sweater” that had become full of moths, with faded colors.

“It’s just tired. It’s just taking up room in your drawer,” she said, pointing out that it was time for a wardrobe change.

“I am here, my friends, to help you retire the political equivalent of your old plaid sweater,” she said.

The crowd of over 600 people at the Nashville Millenium Maxwell House hotel delightedly cheered as Ingraham took numerous shots at Alexander’s moderate record and personality in the Senate.

On amnesty, she explained, Alexander was wrong on the number one issue in the country, citing the recent Gallup poll showing that the issue was at the top of voters’ concerns. She criticized Alexander for supporting the Senate “Gang of Eight” immigration bill, working with Senate Democrats like Sens. Chuck Schumer (NY) and Dick Durbin (IL).

“What planet are you living on, are you that naive, that tired, or are you that bought off?” she asked, as the delighted crowd applauded.

Ingraham encouraged all voters in Tennessee to work hard for Carr in the remaining days of the election to send a loud message to the Washington establishment. “We have to grab the establishment by the lapels and say very forcefully — No. You. Won’t,” she said. [Then Joe Carr spoke, further deriding Lamar Alexander. Click link above to hear what he said.]

anotherJoe on July 26, 2014 at 3:45 AM

cat_owner on July 26, 2014 at 3:35 AM

the editor tom, at breaking news.com sends this note 31 minutes ago..
(which mean the cease fire might have lasted an hour or two)

Editor’s note: We have seen reports of gunfire continuing during proposed humanitarian ceasefire in Gaza; we’re looking for confirmation. – Tom

going2mars on July 26, 2014 at 3:50 AM

anotherJoe on July 26, 2014 at 3:45 AM

I think it’s great Laura has gone to bat for strong, solid conservatives. I heard Carr was on Beck’s show too. Not sure about Levin, but I would guess he’s supporting him too.

cat_owner on July 26, 2014 at 3:55 AM

Mining the Moon? Space Property Rights Still Unclear

http://www.space.com/26644-moon-asteroids-resources-space-law.html

going2mars on July 26, 2014 at 3:58 AM

going2mars on July 26, 2014 at 3:50 AM

Well sadly that’s not surprising to hear.

BTW, I looked at the video you posted. There was hardly anyone there that looked like a native American.

But as you said, that drew a lot more people than protests against the illegal invasion.

cat_owner on July 26, 2014 at 4:00 AM

mars is a tough place for a flat..
here is a good shot of the wheel damage on the MSL rover..
(not to worry, It will not fail.. there is inner structure that will keep it together)

http://www.space.com/26643-mars-rover-curiosity-wheel-damage.html

going2mars on July 26, 2014 at 4:06 AM

cat_owner on July 26, 2014 at 4:00 AM

they are more vocal about getting a homeland over there
than we are about maintaining/retaining a home land here..

going2mars on July 26, 2014 at 4:07 AM

going2mars on July 26, 2014 at 4:07 AM

Yep. But according to an article I found on Drudge, Barry is preparing for mass amnesty after the summer.

We will see how that plays out.

cat_owner on July 26, 2014 at 4:10 AM

cat_owner on July 26, 2014 at 4:10 AM

this guy is just slime… thanks Illinois..
and he should be tried for treason to the country..
he is an US Elected Government Coyote.. paid shill..

http://www.nationalreview.com/corner/383746/guti-rrez-i-think-we-can-get-3-or-4-maybe-even-5-million-people-amnesty-executive

going2mars on July 26, 2014 at 4:17 AM

some day when giant mutant radiation filled lizards
return to earth and kill us..I want you remember where
they came from..

Russian Officials Unable to Contact Animal-Carrying Spaceship

http://www.space.com/26650-russia-loses-contact-with-animals-spaceship.html

going2mars on July 26, 2014 at 4:28 AM

Good morning. Supposed to be hot today and tomorrow.

crankyoldlady on July 26, 2014 at 4:53 AM

The Durham University ‘head’ of the dig. thinks my son is awesome. He messaged me to tell me that.
Spawn will likely be receiving an ‘A’ as well.

annoyinglittletwerp on July 25, 2014 at 11:47 PM

That’s wonderful. You must be proud.

crankyoldlady on July 26, 2014 at 5:26 AM

Sociopaths who feel no connection to humanity or reality and badly brought up idiots with no notion of right and wrong prevail now. How did we allow these degenerates to take over the country?

crankyoldlady on July 26, 2014 at 5:59 AM

Sociopaths who feel no connection to humanity or reality and badly brought up idiots with no notion of right and wrong prevail now. How did we allow these degenerates to take over the country?

crankyoldlady on July 26, 2014 at 5:59 AM

Because we’ve been working and taking care of our families, and because we’re too nice, dangerously underrating how sinister and conniving these degenerates are, thinking they are not really that much different from us?

non-nonpartisan on July 26, 2014 at 7:31 AM

The foundation of everything in the Obama administration is lies.

albill on July 26, 2014 at 7:35 AM

Because we’ve been working and taking care of our families, and because we’re too nice, dangerously underrating how sinister and conniving these degenerates are, thinking they are not really that much different from us?

non-nonpartisan on July 26, 2014 at 7:31 AM

I did know a long time ago because I was involved in education. I knew the point where they started teaching that there was no such thing as right and wrong. So now we have people with no moral base to stand on. And the other problem was letting just anyone go to college whether they had the brains or not.

crankyoldlady on July 26, 2014 at 7:54 AM

Every day brings a new round of destruction by the psycho/sociopath Obama.
Will we ever fully recover from what this evil grifter and his wretched band of dirt balls has wrought?

justltl on July 26, 2014 at 8:45 AM

Good morning. Supposed to be hot today and tomorrow.

crankyoldlady on July 26, 2014 at 4:53 AM

Morning COL and it will be 92F today and humidity around 66%. Our family will be able to shed our sweaters now that the temps are back up. Chuckle!

Ran all my errands this morning and have about 4 hours of yard work. Had to cancel the weekend at the lake, but no big deal.

Time to catch up on the comments and see you soon.

HonestLib on July 26, 2014 at 8:46 AM

The Media responsible for this evil clown should be brought to justice.
How to do that is a dilemma, since they have taken cover under our sacred First Amendment, much like the cowardly Hamas hiding rockets in schools and hospitals.

justltl on July 26, 2014 at 8:49 AM

Happy Saturday, Patriots, Sockpuppets, and Trolls1

Illegal immigration reminds me of the amorous boyfriend who wants everything a young woman will give him, but will leave her at the first mention of marriage. With our rights, come the responsibilities of being an American citizen. – KJ

My take: The Illegal Alien Invasion: Obama Preparing to Grant “Temporary Legal Status” By Executive Order

kingsjester on July 26, 2014 at 8:51 AM

John Kerry still the only Secretary of State in 20 years to fail at ceasefire efforts in Mideast

Kerry is a miserable failure.

Parmenides on July 26, 2014 at 8:56 AM

Sociopaths who feel no connection to humanity or reality and badly brought up idiots with no notion of right and wrong prevail now. How did we allow these degenerates to take over the country?

crankyoldlady on July 26, 2014 at 5:59 AM

I think the current pop culture and school programs (where everyone is a special snowflake, by hook or by crook) encourage narcissism. From there, it’s just a hop, skip and a jump to sociopathic behavior. And, they now vote for leaders like themselves.

Fallon on July 26, 2014 at 9:40 AM

John Kerry still the only Secretary of State in 20 years to fail at ceasefire efforts in Mideast

Kerry is a miserable failure.

Parmenides on July 26, 2014 at 8:56 AM

If you get around the internet to sites with foreign commenters, it quite apparent most of the world thinks we’re a pretty big joke now because of obama and crew.

hawkdriver on July 26, 2014 at 10:00 AM

Do you believe him? Listen to the track with Auto-Tune below and judge for yourself:

http://www.youtube.com/watch?v=YTITmXu3yMs

non-nonpartisan on July 26, 2014 at 12:56 AM

I have been in the studio doing vocal tracks enough time to know that he is telling the truth. What I do not know, is whether Britteny Spears uses Auto-tune or not.

oscarwilde on July 26, 2014 at 10:16 AM

If you get around the internet to sites with foreign commenters, it quite apparent most of the world thinks we’re a pretty big joke now because of obama and crew.

hawkdriver on July 26, 2014 at 10:00 AM

I hope our image hasn’t been completely destroyed by these useless criminals. It’s going to take a lot of work for a responsible leader to fix things. I may be wrong but I don’t see that talent in any of the Repubs. You don’t know what someone can do until they are faced with a situation.

crankyoldlady on July 26, 2014 at 10:21 AM

anotherJoe on July 26, 2014 at 3:28 AM

Almost everyone Palin has endorsed this year have lost so far. That’s not her fault. The candidates are ultimately responsible for winning or losing.

I’m only saying this to point out her endorsement is not nearly as influential as it used to be.

I’m only saying this to point out that You’re WRONG!……

williamg on July 26, 2014 at 12:02 PM

Example……

williamg on July 26, 2014 at 12:06 PM

williamg on July 26, 2014 at 12:02 PM

That’s from two years ago.

This year more have lost than won.

cat_owner on July 26, 2014 at 12:37 PM

williamg on July 26, 2014 at 12:02 PM

That’s from two years ago.

Yeah – you can be wrong at any time………..The Media thinks Bush is Still In The White house – THIS isn’t from Two Years ago,,,,,

Neither is THIS: http://www.sarahpac.com/candidates

Or THIS: http://www.washingtonpost.com/wp-srv/special/politics/palin_tracker/

She endorsed 64 Candidates – 33 Won, 20 Lost ……. and Remember: McDaniel WON his Primary….

You’re Wrong No Matter How You Look At It

That’s from two years ago.

This year more have lost than won.

cat_owner on July 26, 2014 at 12:37 PM

<<<< NON-FACTUAL,,,,,YOU’RE WRONG!

williamg on July 26, 2014 at 1:36 PM

Couple ‘held hostage’ in their home by crazed pet cat

OmahaConservative on July 26, 2014 at 6:37 PM

Holy 007, Pussy Galore is on the lose!

HonestLib on July 26, 2014 at 7:55 PM

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