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Issa seeks to revive PPACA-killing suit

Outgoing House Oversight and Government Reform Chairman Darrell Issa's subpoena to the Treasury Department is a little different than his previous subpoenas.

By David Weigel | Updated on September 30, 2014
Outgoing House Oversight and Government Reform Chairman Darrell Issa (Issa photo)

(Bloomberg) — Outgoing House Oversight and Government Reform Chairman Darrell Issa issued a fresh subpoena against the Obama administration. Yes, yes, skepticism is in order. Darrell Issa subpoenaed the Treasury Department? Again? He’s been draining the toner drawer with those sorts of requests for years.

This one’s a little different. Issa is asking Treasury to turn over “all documents related to the development of the 36B regulation,” i.e. the IRS rule that allowed residents of states that did not set up their own Patient Protection and Affordable Care Act exchanges to receive subsidies anyway. As Cato’s Michael Cannon points out — with some personal interest — it’s basically a Halbig subpoena. Halbig v. Burwell, the lawsuit against the IRS rule, won out in the D.C. circuit this July, but is widely expected to be cut down now that the whole circuit has gone en banc to review the prior, positive ruling.

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