Lack of transparency in Obamacare Law is a huge political advantage

Rich Weinstein is not a reporter. He does not have a blog. Until this week, the fortysomething’s five-year old Twitter account had a follower count in the low double digits.

“I’m an investment advisor,” Weinstein tells me from his home near Philadelphia. “I’m a nobody. I’m the guy who lives in his mom’s basement wearing a tinfoil hat.” (He’s joking about the mom and the tinfoil.)

He’s also behind a series of scoops that could convince the Supreme Court to dismantle part of the Affordable Care Act. Weinstein has absorbed hours upon hours of interviews with Jonathan Gruber, an MIT professor who advised the Massachusetts legislature when it created “Romneycare” and the Congress when it created “Obamacare.” Conservatives had been looking for ways to demonstrate that the wording of the ACA denied insurance subsidies to consumers in states that did not create their own health exchanges. Weinstein found a clip of Gruber suggesting that states that did not create health insurance exchanges risked giving up the ACA’s subsidies; it went straight into the King v. Burwell brief, and into a case that’s currently headed to the Supreme Court.

A few days ago, Weinstein pulled a short clip from Gruber’s year-old appearance at a University of Pennsylvania health care conference. As a crowd murmured with laughter, Gruber explained that the process that created the ACA was, by necessity, obfuscated to pull one over on voters.

“This bill was written in a tortured way to make sure the CBO did not score the mandate as taxes,” said Gruber. “Lack of transparency is a huge political advantage. Call it the stupidity of the America voter, or whatever.”

Weinstein’s scoop went around the world in a hurry.

Weinstein, back at home, was stunned at the reaction. Why did he keep finding Gruber gaffes? Why didn’t the press glom onto this stuff first?

“It’s terrifying that the guy in his mom’s basement is finding his stuff, and nobody else is,” he says. “I really do find this disturbing.”

Weinstein dates his accidental citizen journalism back to the end of 2013 and the first run of insurance cancellations or policy changes. He was among the people who got a letter informing him that his old policy did not meet ACA standards.

“When Obama said ‘If you like your plan, you can keep your plan, period’—frankly, I believed him,” says Weinstein. “He very often speaks with qualifiers. When he said ‘period,’ there were no qualifiers. You can understand that when I lost my own plan, and the replacement cost twice as much, I wasn’t happy. So I’m watching the news, and at that time I was thinking: Hey, the administration was not telling people the truth, and the media was doing nothing!”

So Weinstein, new plan in hand, started watching the news. “These people were showing up on the shows, calling themselves architects of the law,” he recalls. “I saw David Cutler, Zeke Emanuel, Jonathan Gruber, people like that. I wondered if these guys had some type of paper trail. So I looked into what Dr. Cutler had said and written, and it was generally all about cost control. After I finished with Cutler, I went to Dr. Gruber. I assume I went through every video, every radio interview, every podcast. Every everything.”

Weinstein dug and dug and eventually discovered the first Gruber quote, known in conservative circles as the “speak-o.” Gruber had been on TV arguing that the case against subsidies in non-exchange states was ludicrous. Yet at a January 2012 symposium, Gruber seemed to be making the conservatives’ argument. “What’s important to remember politically about this is if you’re a state and you don’t set up an exchange, that means your citizens don’t get their tax credits—but your citizens still pay the taxes that support this bill,” said Gruber. “So you’re essentially saying [to] your citizens you’re going to pay all the taxes to help all the other states in the country.”

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