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Judicial Watch • Obamacare Architect: “Lack of Transparency” Helped Law Pass

Obamacare Architect: “Lack of Transparency” Helped Law Pass

Obamacare Architect: “Lack of Transparency” Helped Law Pass

NOVEMBER 10, 2014

The esteemed college professor who served as one of Obamacare’s key architects has admitted that a “lack of transparency” helped the administration pass the disastrous healthcare law, which is facing a number of legal challenges.

It’s a scandalous confession for an administration that has repeatedly vowed to be the most transparent in history. The information comes straight from Jonathan Gruber, the Massachusetts Institute of Technology (MIT) economist who served as a technical consultant to the Obama administration during the Affordable Care Act’s (Obamacare) design. Gruber was recorded during a panel and the video recently surfaced and has been making the rounds on the internet.

“This bill was written in a tortured way to make sure CBO did not score the mandate as taxes,” Gruber says. “If CBO scored the mandate as taxes, the bill dies. Okay, so it’s written to do that.  In terms of risk rated subsidies, if you had a law which said that healthy people are going to pay in – you made explicit healthy people pay in and sick people get money, it would not have passed… Lack of transparency is a huge political advantage. And basically, call it the stupidity of the American voter or whatever, but basically that was really really critical for the thing to pass…”

Gruber also makes clear that the individual mandate, upheld by the Supreme Court only because it’s considered a tax, was not actually a tax in the original law because it never would have passed. The Obamacare designer is essentially saying that the administration intentionally deceived the public to push its hostile takeover of the nation’s healthcare system. “Look, I wish Mark was right that we could make it all transparent, but I’d rather have this law than not,” Gruber says in the recorded presentation.

The Gruber tape marks the latest of many scandals involving Obamacare. Judicial Watch has been a frontrunner in exposing the healthcare law’s multiple boondoggles and has sued the administration on behalf of a South Florida orthodontist over the unlawful, one-year delay of the employer mandate. The mandate, which subjects certain large employers to tax penalties if they don’t offer “affordable, minimum essential” health insurance coverage to their employees, was postponed without the approval of Congress. It marked one of more than a dozen times that the administration unilaterally rewrote the healthcare law by executive fiat.

JW also sued the Department of Health and Human Services (HHS) to obtain records about controversial Obamacare navigators and their qualifications and background checks. Earlier this year JW obtained records from HHS illustrating the scope of the Obamacare rollout disaster, including the fact that on its first full day of operation the government site—Healthcare.gov—received only one enrollment. On the second day of Healthcare.gov operation, 48% of registrations failed, according to the records obtained by JW as a result of a lawsuit.


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