Health policy analyst Tom Miller of AEI has a post reporting on new evidence that shows congressional committees had and discarded language explicitly authorizing tax subsidies in the federal exchanges.
The newly-uncovered analysis by an independent attorney shows that senators who were merging two committee bills in 2009 had language in front of them to would have allowed health insurance subsidies to flow through the federally-established fallback exchanges. But they took out that language in the final bill that went to the floor. This gets to the core legal issue of “congressional intent.”
There are few principles of statutory construction that are more compelling than evidence showing Congress had the language before it to achieve a stated goal but discarded the language in the final legislation.