This is, of course, untrue. As the plaintiff’s lawyers point out, entitlements and subsidies are regularly tied to state participation — this includes Medicaid, SCHIP, and other health care tax credits. The idea that dealing with a drafting error is undermined by the legislative history of Obamacare and the arguments of proponents. Read Jonathan Adler and Michael Cannon here.
Heh… words mean things. Two more courts to go.
