The Obama administration is urging federal judges to save its health-care program from absurdity. It’s a little late for that.
The Obamacare law enacted in March 2010 authorizes the federal government to provide tax credits for people who buy health insurance on exchanges established by state governments. It repeatedly refers to exchanges “established by the State,” especially when discussing the tax credits. Because opposition to the law has run higher and longer than its supporters ever expected in early 2010, however, most states have not established exchanges.