The Corner

The Oklahoma Suit

Stuart Taylor Jr. wonders whether the Supreme Court “will have the stomach to resume hostilities” against Obamacare ”based on a legal analysis even lawyers find it hard to follow.” Jillian Kay Melchior calls Oklahoma’s argument “head-spinning” and “complex.” Jonathan Cohn says that the case turns on “some ambiguity in the text of the law.”

The text of the bill allows the federal government to offer tax credits only for use on state-created exchanges. Where’s the ambiguity there? The text of the bill ties certain taxes and penalties to the credits. It follows that if a state doesn’t set up the exchanges, the federal government can’t offer the credits or impose the taxes and penalties in the state. Is that really so complex?

Courts may flinch for political reasons from saying that the IRS is exceeding its legal authority by imposing taxes Congress hasn’t authorized. The case, though, seems pretty straightforward.

Ramesh Ponnuru — Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

Most Popular


Weirdo O’Rourke

Friends of the young Bill Clinton and Barack Obama spoke of the special glow of promise they had about them, even back in their early twenties. Angels sat on their shoulders. History gave them a wink and said, “Hey, good lookin’, I’ll be back to pick you up later.” Robert O’Rourke? Not so much. He ... Read More

McCain at Annapolis

President Trump has been doing a lot of tweeting today -- against TV programs, companies, and other things that have incurred his displeasure. These tweets make for interesting reading. One of them is this: So it was indeed (just proven in court papers) “last in his class” (Annapolis) John McCain that sent ... Read More