Home > Central Planning, Fiscal Policy, Obamacare, The Affordable Care Act > The Affordable Care Act As Lawyer Relief Act

The Affordable Care Act As Lawyer Relief Act

This week brings us media reports of two conflicting decisions by federal appellate courts regarding the Affordable Care Act. The issue in each decision is whether subsidies may be provided in states that do not run their own insurance exchange where policies may be purchased. One court decided that the law was unclear and that the IRS was therefore justified in making the decision to permit subsidies in all states. Another court decided that the law was clear and that subsidies could not be given to people in states that do not run their own insurance exchange. What accounts for this conflict? Several possibilities come to mind.

One possibility is that the Congress was unable to write a document that makes clear its intentions. This is always a possibility of policy by committee. Whenever a large number of individuals get involved in a policy process, there is always the possibility that what comes out, intended to accommodate everybody on the committee, is so confusing that the end product is a logical mess.

A second possibility is that the people drafting the legislation are simply incompetent and did not notice the inconsistencies built into the law. Related to this is the fact that the law ran thousands of pages and was not read by many who voted for it. It is hard to be sympathetic with any politician voting for a law when he or she has no clue as to the law’s contents.

Finally, there is always the possibility that judges just “make it up” to satisfy their prior policy preferences.

My own belief is that the conflicting legal decisions speaks to the complete breakdown of the federal government’s ability to function. No sane person can read a document that is two thousand pages long while having any real idea about what is in the law. In addition, why even construct laws that are this long and detailed? Surely the size of the law by itself reveals profound incompetence since it is incomprehensible to the politicians asked to consider it. Or perhaps the law is so large precisely to prevent many politicians from knowing what is in it to allow the few who do know to have an unduly large effect on the law’s contents.

Whatever the explanation, it is hard to put a good face on the Affordable Care Act. Whatever the economic merits of the law (and I have written frequently about how bad it is as economic policy), this is a prime example of incompetent policymaking, no matter how you slice it. The spate of lawsuits generated by this law, while a great boost to the incomes of lawyers, partly reflects policy differences between political parties but it also reveals that the law is dreadfully constructed.

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  1. Jacob Kohlhepp
    July 25, 2014 at 7:43 PM

    Hi! I will support your blog, if you support mine, which is on tax policy!
    policypaladin.wordpress.com

  1. November 30, 2015 at 11:32 AM
  2. November 15, 2016 at 8:15 AM

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Economics One

A blog by John B. Taylor

The Grumpy Economist

One economist's views on economic policy.

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