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David Kurtz

David Kurtz is Managing Editor and Washington Bureau Chief of Talking Points Memo where he oversees the news operations of TPM and its sister sites.

Articles by David

House GOP totally has its act together now, y'all. See?

Stephen Colbert out of character and on camera for quite a long time, dispensing advice to teen girls. Really.

This is happening quick. After the DC Circuit invalidated Obamacare's tax credits for the federal exchanges earlier this morning, the 4th Circuit Court of Appeals just issued a similar ruling upholding those same tax credits.

This conflict between two circuit courts increases the chances of the Supreme Court taking that case to resolve this once and for all, though both cases could end up being reviewed en banc by all the judges on each circuit first.

Today's court ruling gutting the essential tax credits offered under Obamacare relies on a literal reading of one provision of the Affordable Care Act. It seems almost certain that the provision in question suffered from a drafting error.

As we reported earlier this year, those who were in the room as the bill was being written say it was never anyone's intention to limit the tax credits to state-run exchanges. In fact there's no compelling rationale for why Congress would have sought to treat the two exchanges differently for tax purposes. The provision was just drafted poorly.

In ordinary circumstances, Congress would just fix the error. But these are not ordinary times.

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