The administration could pay insurers to cover up for its mistakes. But that would lead to criticism—as it has in other instances—that the White House is lawlessly throwing taxpayer money at insurers to, well, cover up for its mistakes. So, instead, they’re asking insurers to pay for the mistakes.

But, of course, the cost of paying for those mistakes won’t end up being paid by insurers, but by consumers, in the form of higher premiums.

In theory, the Obama administration’s actions aren’t merely illegal—they’re unconstitutional. The Fifth Amendment of the Bill of Rights says that no one can “be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

But it will be up to insurers to sue to protect their rights. Like battered wives, they are unlikely to do so. Companies like Aetna and Humana are so terrified that the administration will run them out of business that they are more likely to do what they’re told, and quietly pass the costs on to consumers. The chaos and recriminations have made insurers like UnitedHealth, who have largely stayed out of the exchanges, look smart.