President Obama’s health care law has serious problems. The Supreme Court is currently wrestling with its constitutional pedigree. But even if ObamaCare survives the constitutional challenge, there is yet another fatal flaw that could bring the whole thing crashing down. This glitch in the law is yet another reason for states to reject the creation of state-based health insurance exchanges that the law asks them to create, but by no means requires.
I spoke with Case Western Reserve University law professor Jonathan Adler about the law and this recently discovered glitch.
The point here is that the IRS has no authority to punish employers who don’t adhere to the federal government’s definition of adequate health insurance coverage. States that reject health insurance exchanges have a better chance at challenging the law and its various punitive measures in court.