‘What Difference Does It Make?’ Part 2

by Rich Lowry

The Journal has a good editorial today on the arguments in Halbig v. Sebelius last week. Here’s Judge Harry Edwards capturing the attitude of supporters of the law to the law perfectly:

Echoing liberal supporters of the Administration, Judge Harry Edwards repeatedly accused plaintiffs counsel Michael Carvin of purely political motives. “What you’re asking for is, come on, put it on the table: Destroy the individual mandate, which guts the statute. That’s what this case is about. There’s nothing hidden about that.”

That’s pretty rich given that the White House has itself gutted the individual mandate for its political purposes. Mr. Carvin represents taxpayers and businesses who would be otherwise exempt from ObamaCare mandates if the subsidies were withheld in their states, and thus will suffer injuries under the unlawful IRS rule. Judge Edwards went on to angrily demand: “Who cares? What difference does it make who sets up the subsidy? . . . You have a provision that says the state’ll do it, the feds’ll do it — what difference does it make who does it?”