I discovered an error that I committed in, but that does not weaken or alter the conclusions of, the amicus briefs Jonathan Adler and I filed with the courts of appeals in both Halbig v. Burwell and King v. Burwell.
On pages 11-12 of our Halbig brief and pages 14-16 of our King brief, we claimed the bipartisan Small Business Health Options Program Act, introduced in 2008 (S.2795) and again in 2009 (S.979) by Sen. Richard Durbin (D-IL), conditioned tax credits to small businesses on states establishing “SHOP” Exchanges. Those bills in fact explicitly authorize tax credits to participating employers whether a state or the federal government established the Exchange. The error was mine. I apologize to the courts and my coauthor.So will Brad and co-signatory to their own amicus brief in Halbig/King, Jonathan Gruber, similarly own up to an error of much greater import?
That is, since Gruber has been exposed as having twice in January 2012 admitted that the subsidies in the PPACA were intended, by the clear language of the statute, to be available only through state created exchanges, will they alert the Fourth Circuit Appeals Court to their falsehood?
That might even be a morning must read, Brad.