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Oklahoma Attorney General to Justice Kennedy: It's a Matter of Coequal Sovereigns, Not Coercion
The Wall Street Journal; subscription may be requiredLink to more items from this source
[Opinion]
Mar. 8, 2015
"Justice Kennedy was asking, if Congress did in fact condition ObamaCare's tax credits on a state having set up an exchange, does that amount to an unconstitutional coercion of the states? In short: no.... [We] know that states had an option not to acquiesce in establishing health-care exchanges because they did not, as a matter of fact, acquiesce.... There is no merit to the argument that the states were unaware of the consequences of refusing to establish an exchange. Oklahoma ... sued the [IRS] months before making its decision to decline to set up an exchange, arguing that the ObamaCare tax credits and subsidies could not be given in Oklahoma.... King v. Burwell isn't about protecting the states from their choices, it is about allowing coequal sovereigns to make their choice and bear the consequences of that choice."

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