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4A Daily News – Thursday, January 30, 2014 Opinion The ACA's four-word Waterloo? DAILY NEWS RED BLUFF TEHAMA COUNTY T H E V O I C E O F T E H A M A C O U NTY S I N C E 1 8 8 5 Greg Stevens, Publisher gstevens@redbluffdailynews.com Chip Thompson, Editor editor@redbluffdailynews.com Editorial policy The Daily News opinion is expressed in the editorial. The opinions expressed in columns, letters and cartoons are those of the authors and artists. Letter policy The Daily News welcomes letters from its readers on timely topics of public interest. All letters must be signed and provide the writer's home street address and home phone number. Anonymous letters, open letters to others, pen names and petition-style letters will not be allowed. Letters should be typed and cannot exceed two double-spaced pages or 500 words. When several letters address the same issue, a cross section of those submitted will be considered for publication. Letters will be edited. Letters are published at the discretion of the editor. WASHINGTON -- Someone you probably are not familiar with has filed a suit you probably have not heard about concerning a fourword phrase you should know about. The suit could blow to smithereens something everyone has heard altogether too much about, the Patient Protection and Affordable Care Act (hereafter, ACA). Scott Pruitt and some kindred spirits might accelerate the ACA's collapse by blocking another of the Obama administration's lawless uses of the Internal Revenue Service. Pruitt was elected Oklahoma's attorney general by promising to defend states' prerogatives against federal encroachments and today he and some properly litigious people elsewhere are defending a state prerogative that the ACA explicitly created. If they succeed, the ACA's disintegration will accelerate. Because under the ACA, insurance companies cannot refuse coverage because of an individual's pre-existing condition. Because many people might therefore wait to purchase insurance after they become sick, the ACA requires a mandate to compel people to buy insurance. And because many people cannot afford the insurance that satisfies the ACA's criteria, the ACA mandate makes it necessary to provide subsidies for those people. The four words that threaten disaster for the ACA say the subsi- dies shall be available to persons who purchase health insurance in an exchange "established by the state." But 34 states have chosen not to establish exchanges. So the IRS, which is charged with enforcing the ACA, has ridden to the rescue of Barack Obama's pride and joy. Taking time off from writing regulations to restrict the political speech of Obama's critics, the IRS has said, with its breezy indifference to legality, that subsidies shall also be dispensed to those who purchase insurance through federal exchanges the government has established in those 34 states. Pruitt is challenging the IRS in the U.S. District Court for the Eastern District of Oklahoma, and there are similar challenges in Indiana, Virginia, and Washington, D.C. The IRS says its "interpretation" -- it actually is a revision -- of the law is "consistent with," and justified by, the "structure of" the ACA. The IRS means that without its rule, the ACA would be unworkable and that Congress could not have meant to allow this. The ACA's legislative history, however, demonstrates that Congress clearly -- and, one might say, with malice aforethought -- wanted subsidies available only through state exchanges. Some have suggested that the language limiting subsidies to state-run exchanges is a drafting error. Well. Some of the ACA's myriad defects do reflect its slapdash Nelson, admirably opposed a fedenactment, which presaged its eral exchange lest this become a steppingstone toward a chaotic implementation. single-payer system. But the four potentially If courts, perhaps lethal words were careultimately including the fully considered and Supreme Court, disalexpress Congress' intent. low the IRS' "interpreCongress made subtation" of the law, the sidies available only ACA will not function through state exchanges as intended in 34 states as a means of coercing with 65 percent of the states into setting up nation's population. If exchanges. courts allow the IRS' In Senate Finance demarche, they will Committee deliberations this: on the ACA, Chairman George F. validatedispensing subBy Max Baucus, D-Mont., sidies through federal one of the bill's primary exchanges, the IRS will authors, suggested the spend tax revenues possibility of conditioning tax credits on state compliance without congressional authorizabecause only by doing so could tion. And by enforcing the the federal government induce employer mandate in states that state cooperation with the ACA. have only federal exchanges, it Then the law's insurance require- will collect taxes -- remember, ments could be imposed on states Chief Justice John Roberts saved without running afoul of constitu- the ACA by declaring that the tional law precedents that prevent penalty enforcing the mandate is the federal government from com- really just a tax on the act of not mandeering state governments. purchasing insurance -- without The pertinent language originated congressional authorization. If the IRS can do neither, it canin the committee and was clarified in the Senate. (See "Taxation not impose penalties on employers Without Representation: The Ille- who fail to offer ACA-approved gal IRS Rule To Expand Tax insurance to employees. If the IRS can do both, ConCredits Under The PPACA," by Jonathan H. Adler and Michael F. gress can disband because it has Cannon in Health Matrix: Journal become peripheral to American governance. of Law-Medicine.) Also, passage of the ACA George Will's email address is required the vote of every Democratic senator. One, Nebraska's Ben georgewill@washpost.com. Will Your officials Mission Statement We believe that a strong community newspaper is essential to a strong community, creating citizens who are better informed and more involved. The Daily News will be the indispensible guide to life and living in Tehama County. We will be the premier provider of local news, information and advertising through our daily newspaper, online edition and other print and Internet vehicles. The Daily News will reflect and support the unique identities of Tehama County and its cities; record the history of its communities and their people and make a positive difference in the quality of life for the resiOver the weekend I realized dents and businesses of something just didn't feel right. Tehama County. The biggest game of the year, Super Bowl XLVIII, was approaching and yet I wasn't bubbling over with the normal anticiHow to reach us pation. I believed Seattle Seahawks Main office: 527-2151 cornerback Richard Sherman was Classified: 527-2151 to blame for shattering my excitement when he knocked San FranCirculation: 527-2151 cisco out of the playoffs. News tips: 527-2153 All those 49ers themed cupSports: 527-2153 cakes I had seen at Food Maxx were going to go to waste now. All Obituaries: 527-2151 the local buzz swatted down the Photo: 527-2153 drain by a single player I would love to have on my team, but loved to hate because he's not. On the Web I at least had hoped to see a www.redbluffdailynews.com Super Bowl played in a snowstorm, but that dream ended when I read the weather forecast for New Fax Jersey was calling for cold, but Newsroom: 527-9251 likely no precipitation. Sure I was a bit bitter about the Classified: 527-5774 Niners, but this was turning out to Retail Adv.: 527-5774 just be another game and one I had to wait two weeks to watch. Legal Adv.: 527-5774 But late Monday, something Business Office: 527-3719 changed and I soon realized why the two weeks of hype was failing to drag me in. Address Twitter started buzzing with one 545 Diamond Ave. of those rumors that you want to dismiss, but is so good you want to Red Bluff, CA 96080, or hold onto the belief that it's true. P.O. Box 220 As the rumor went, champion Red Bluff, CA 96080 boxer Floyd Mayweather Jr. had placed bets totaling $10.4 million on the game, picking the Denver Broncos to cover a 2-point spread. STATE ASSEMBLYMAN — Dan Logue, 150 Amber Grove Drive, Ste. 154, Chico, CA 95928, 530-895-4217 STATE SENATOR — Jim Nielsen, 2635 Forest Ave., Ste. 110, Chico, CA 95928, (530) 879-7424, senator.nielsen@senate.ca.gov GOVERNOR — Jerry Brown, State Capitol Bldg., Sacramento, CA 95814; (916) 445-2841; Fax (916) 5583160; E-mail: governor@governor.ca.gov. U.S. REPRESENTATIVE — Doug LaMalfa 506 Cannon House Office Building, Washington, DC 20515, 202-2253076. U.S. SENATORS — Dianne Feinstein (D), One Post Street, Suite 2450, San Francisco, CA 94104; (415) 393-0707. Fax (415) 393-0710. Barbara Boxer (D), 1700 Montgomery St., Suite 240, San Francisco, CA 94111; (510) 286-8537. Fax (202) 2240454. Commentary Picking a winner in Sunday's game Obviously that's a lot of money, but Mayweather has that type of dough. He frequently tops lists of the richest athletes in the world and is known to be a high-stakes gambler and rather free-spending (stupid) with his wealth. Mayweather is undefeated in his professional boxing career, holding eight world titles in three different weight classes. He's done it all in his sport. Perhaps it takes betting $10.4 million on a single football game for the guy to get a rush. A gambler knows that could be true. But it's the second part of the rumor that those of us saddled with the gambling gene get even more excited about it. As the rumor continued, because of Mayweather's bets Las Vegas sports books were adjusting their odds on the game. Now there's a gambler's dream — the ability to wield enough power and have deep enough pockets to change a line. It's something that's hardly fathomable outside a local horse race. Reading those tweets had me hooked back into the game. I had to get in on this action. What does Mayweather know about the Broncos that's making him so confident? Perhaps he's taking advantage of the general public who are soured on Denver after seeing the Broncos win their playoff games, but not in the same dominant and paid bills on time instead of spending all of my fashion as they won durlate-night hours in ing the regular season. smoky poker rooms Mayweather knows and dodging collecthe Broncos are actually tion calls in the mornscoring more points per ing. possession than they did That part of my during the regular seabrain said there's no son, when they set a new reason why either record for points scored Denver or Seattle in a season. could or could not win He realizes the Bronthis game. This Super cos chose to control the Bowl is going to be a game clock, so their coin flip. middle-of-the-pack Rich That whole Maydefense wasn't exploited weather story, it's just by Pro Bowl quarterthat — a story, backs Philip Rivers and because everyone is Tom Brady. afraid to put money on this game. Yeah, that's his thinking. Forget $10 million, I couldn't The Broncos are easy money. confidently put down 10 bucks. But, wait. If the Super Bowl allowed Why would Vegas let this story out, unless they wanted the ties, that's where I'd stick my betting public to come to the money. Now I'm back to being less same conclusion. The bookmakers want every- than thrilled about the lead up to the game. one betting on Denver. It's not that I won't be watchIt's a sucker's bet and they're going to clean up when Seattle's ing come 3:30 p.m. Sunday. It's not that I'm not expecting defense puts pressure on Manning, knocks him around and a close, dramatic game. It's just that, well... it's just not the Seahawks claim the franchise's first Super Bowl with as much fun when I can't confithe help of a healthy Percy dently boast all week about knowing what's going to happen. Harvin. At least on Monday I can say I was getting so confused. That's when I started listening I told you so. to the other part of my brain. Rich Greene can be reached at The part that years ago figured 527-2151, Ext. 109 or by email at out it would be better for my long-term being if I got married rgreene@redbluffdailynews.com. Greene