Clearly, we dodged a bullet by not establishing a state run exchange. The AG appears to be watching for 'ricochets.'
For anyone who wondered WHY we did not establish a state run exchange, the answer is clearly about surrendering authority.
Not unlike the camel’s nose, the exchange was a buy-in to undermine state sovereignty. Fortunately, Michigan attorney general Bill Schuette appears to be trying to make sure the mandate does NOT apply to Michigan residents. From MLive:
Attorney General Bill Schuette is arguing an IRS rule offering tax credits to individuals buying health insurance on the federal exchange from states without their own exchanges violates the U.S. Constitution.
The argument was made in a “friend of the court” brief filed in a case before the U.S. Court of Appeals for the D.C. Circuit, where individuals and businesses from states without insurance exchanges are challenging the ability of the IRS to offer tax credits for buying insurance through the federally established exchange.
Schuette and the attorneys general for Kansas and Nebraska argue that allowing the IRS to offer the credits overrules the decisions not to set up exchanges under the Affordable Care Act that 34 states made and is invalid under the Tenth Amendment.
Schuette’s on the right track.
Additionally, it should be noted that this might not be the most popular move, and could be painful to his campaign in the general. As many Michiganians are expecting a federal subsidy, it may not happen or they may lose that subsidy if this action is successful.
This is a courageous and quite correct move.
Schuette is never afraid to do the right thing. He's a class act. He knows he doesn't make law. His job is to enforce it, or challenge it in court.
I wouldn't go so far as to say "never afraid", but in this instance, it is most definitely the right call.
From the Governor's Office on down, there should have never have been anyone with a "-R" after their name supporting Obamacare in any way, shape or form.
That issue right there will be more troublesome than worrying about people too lazy and cheap to pay for their own healthcare. If they won't get off of their duff to earn what they want, what are the odds that they'll show up on Election Day?
I have to echo what you've said. Not a single R supported the ACA in DC, and since that time, its as if all the Rs have just given in.
We will applaud Any and all who put a wrench into the works, and if this hold, it might be a significant one, especially if he is willing to defend Michigan residents when the IRS DOES come calling.
If he does not, then this is a wasted effort.
But of course, from one aging blow-hard to another, without the John Rakolta investigation.... This is good.
Circa, Co-chairman Romney '12
...two wings - same bird.