Administration Rejects Unions' Obamacare Request

Jack Goldsmith

Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history.  Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

The Obama Administration officially rejected several unions’ request for tax credits for multiemployer healthcare plans under the Affordable Care Act.  (Jordan reviewed the background here.)  A senior administration official told Ezra Klein that the administration “does not see a legal way for individuals in multiemployer group health plans to receive individual market tax credits as well as the favorable tax treatment associated with employer-provided health insurance at the same time.”  Here is the letter from the Treasury Department explaining the administration’s technical legal reasoning.  “The administration’s decision was made by the Treasury Department, but almost surely approved by the president,” the NYT reported.

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