Thanks, but…

I guess I should be happy to be quoted in the Daily Beast:

“The statute was very poorly drafted if the intent was to cover federal exchanges,” Kevin Outterson, a Boston University professor who focuses on health policy and who previously worked as a tax attorney, told Sarah Kliff. “If I had a client who had recently lost some money on a provision like this, I’d say you have a pretty good chance to win that case.”

But I still think:

  • The IRS will win this case;
  • The anti-injunction act will delay the case until 2015 at the earliest; and
  • Standing will be a problem.

See my prior posts on TIE to that effect, back in July.

@koutterson

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