Delaying the exchange subsidy suits

You might think that Cato would be pleased to see the large employer mandate delayed by a year (see Nicholas Bagley’s post). But you would be wrong – Michael Cannon strongly criticized the move.

One reason (among many) is that Cannon/Cato are promoting another legal challenge to PPACA, founded in whether exchange subsidies can be offered in states with a federal exchange (back story here). Absent a penalty, large employers will lack standing to challenge the tax credits.



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