“I will not stand by and let this lawlessness go unchallenged, and I cannot apologize for insisting that the president should follow the law,” Olens said.
As Olens reads the law, Obamacare subsidies can be offered only in those states that have established their own health-insurance exchanges. Georgia has refused to establish such an exchange; therefore, health-insurance subsidies are illegal in Georgia.
The legal virtues of the case, King v. Burwell, are hotly contested, with well-respected lawyers offering arguments on both sides. It will probably be decided by yet another 5-4 vote, with arguments in March and a decision expected by June. That’s not much time.
Yet at both the federal and state levels, those pushing the case hardest are doing almost nothing to deal with the chaos that it will produce. They voice confidence that subsidies will be overturned, yet they show little concern about dealing with its aftermath.
Here in Georgia, for example, the state Legislature could fix the problem quickly by voting to establish a state-based insurance exchange, as other states have done. But that won’t happen. To the contrary, last year it voted to bar state employees from preparing for such a step.
And in Washington, where Republicans control both houses of Congress, no visible progress is being made in preparing options. The GOP can’t bring itself to fix Obamacare, nor can it agree even with itself about an alternative. They are eager to destroy, but they appear to have no idea how to build.