“Basically, call it the stupidity of the American voter or whatever, but basically that was really, really critical to getting the thing to pass.” This was no open-mic gaffe.

◼ The Gruber Confession - Charles Krauthammer/Washington Post

...Now, it’s not unconstitutional to lie. Nor are laws enacted by means of deliberate deception thereby rendered invalid. But it is helpful for citizens to know the cynicism with which the massive federalization of their health care was crafted.

It gets even worse, thanks again to Gruber. Last week, the Supreme Court agreed to hear a case claiming that the administration is violating its own health-care law, which clearly specifies that subsidies can be given only to insurance purchased on “exchanges established by the state.” Just 13 states have set up such exchanges. Yet the administration is giving tax credits to plans bought on the federal exchange — serving 37 states — despite what the law says.

If the plaintiffs prevail, the subsidy system collapses and, with it, Obamacare itself. Which is why the administration is frantically arguing that “exchanges established by the state” is merely sloppy drafting, a kind of legislative typo. And that the intent all along was to subsidize all plans on all exchanges....

Re-enter Professor Gruber. On a separate video in a different speech, he explains what Obamacare intended: “If you’re a state and you don’t set up an exchange, that means your citizens don’t get their tax credits.” The legislative idea was to coerce states into setting up their own exchanges by otherwise denying their citizens subsidies.

This may have been a stupid idea, but it was no slip. And it’s the law, as written, as enacted and as intended. It can be changed by Congress only, not by the executive. Which is precisely what the plaintiffs are saying. Q.E.D.