Charles Krauthammer believes that the language in the Affordable Care Act saying that subsidies are to be provided through state exchanges is unambiguous.
The language is “not ambiguous at all,” Krauthammer said on Tuesday’s Special Report. But the claim of the government, he explained, is that “it was a drafting error, and what we really intended was it should be for everyone.”
He referred to a point made earlier today on NRO by Andrew McCarthy, who argued that even if you accept the government’s defense that it was indeed a drafting error, Congress is the only instrument in the constitutional system that can change the error.
He added that the other issue at hand is the consequence of the decision. “If the D.C. Court is upheld, Obamacare is over,” he said. “It won’t survive.”