The Obama Administration swears up and down that it has no “Plan B” if the Supreme Court upholds ♡bamaCare!!!’s plain language that only states operating their own exchanges allow “customers” to receive subsidies. Would you believe the Administration was lying? And that it had come up with a Plan B for skirting both its own law and the Supreme Court?
Behind the scenes, however, the administration appears to be telling another story. A few weeks ago, Rep. Joe Pitts (R., Pa.) told Burwell that he had learned of a 100-page document working through various contingency plans in the event of an adverse ruling. Burwell responded with a classic non-denial denial, stating that she was not aware of the existence of such a document.
Two sources who have spoken to HHS about the matter have informed me that the agency does in fact have a “Plan B” to deal with an adverse ruling. It involves encouraging states to declare that they are subcontracting the management of an insurance exchange to HHS, thereby “establishing” an exchange as per the law.
I don’t know which way the Court will rule, but I do know that this Administration’s lawlessness never loses its ability to take your breath away with its audacity.