Did Obama's lawyers mess up the Affordable Care Act?

A new paper from Health Matrix: Journal of Law-Medicine suggests that a missing word in the Affordable Care Act, the 2000-page law which created Obamacare, may scupper a key provision of the plan.

The Act brings into existence health insurance exchanges, federally- and state-run institutions which centralise and regulate the process of buying health insurance for people with enough income to not be eligible for Medicare. It also lays out who can get federal subsidies to buy insurance from those exchanges, the idea being that those subsidies will gradually encourage people to migrate from America's current system of employer-provided insurance to a saner system of individuals buying their own healthcare, which will hopefully lead to, among other things, fewer people dying as a direct result of losing their job.

Unfortunately, the authors of the article alledge that a drafting error by the administration's lawyers has rendered that aim unachievable. In the passage laying out who can get that crucial federal subsidy, Article 1401 the law restricts eligibility to those who "enrolled … through an Exchange established by the State under 1311." And Article 1311 defines an exchange as a "governmental agency or nonprofit entity that is established by a state."

Crucially, the definition of an exchange, for the purposes of the federal subsidy, seems to exclude federal exchanges.

The authors argue that this is on purpose, citing the words of the head of the Senate finance committee that "the bill conditions the availability of tax credits on each state creating its own Exchange". The Obama administration obviously believes the latter, with the Washington Post's Sarah Kliff arguing that:

There’s another part of Section 1401 — Section 1401(f)(3), to be exact — that requires both federal and state exchanges to report information about any credits being administered. Why would federal exchanges need to report that information, the thinking goes, if they were not administering credits?

If the difference in phrasing is a genuine mistake - a so-called "Scrivener's error" - then it will lead to a mildly embarrassing court case where that point is clarified, and that's that. But if the administrations lawyers actually did miss a clause inserted by one of the co-authors which fundamentally changes the meaning of the law, this one could run and run.

*Obama facepalm*. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Indie band The 1975 want to “sue the government” over the Electoral Commission’s latest advert

Frontman Matt Healy perhaps isn’t aware that the Electoral Commission is not, in fact, the government (or believes that this is part of a wider conspiracy).

How do you make registering to vote in the EU Referendum cool? It sounds like something  from The Thick of It, but judging by the Electoral Commission’s latest TV ad for their new voting guide, this was a genuine question posed in their meetings this month. The finished product seems inspired by teen Tumblrs with its killer combination of secluded woodlands, vintage laundrettes and bright pink neon lighting.

But indie-pop band The 1975 saw a different inspiration for the advert: the campaign for their latest album, I Like It When You Sleep For You Are So Beautiful Yet So Unaware Of It (Yes, a title perhaps even more cumbersome than “The EU Referendum - You Can’t Miss It (Phase One)”).

Lead singer Matt Healy posted a picture of the guide with the caption “LOOK OUT KIDZ THE GOVERNMENT ARE STEALING OUR THOUGHTS!!” back on 17 May. The release of the TV spot only furthered Healy’s suspicions:

Healy perhaps isn’t aware that the Electoral Commission is not, in fact, the government (or believes that this is part of a wider conspiracy).

The 1975’s manager, Jamie Oborne, was similarly outraged.

Oborne added that he was particularly “disappointed” that the director for the band’s video for their song “Settle Down”, Nadia Marquard Otzen, also directed the Electoral Commission’s ad. But Otzen also directed the Electoral Commission’s visually similar Scottish Referendum campaign video, released back in September 2014: almost a year before The 1975 released the first promotional image for their album on Instagram on 2 June 2015.

Many were quick to point out that the band “didn’t invent neon lights”. The band know this. Their visual identity draws on an array of artists working with neon: Dan Flavin’s florescent lights, James Turrell’s “Raemar pink white”, Nathan Coley’s esoteric, and oddly-placed, Turner-shortlisted work, Bruce Nauman’s aphoristic signs, Chris Bracey’s neon pink colour palette, to just name a few – never mind the thousands of Tumblrs that undoubtedly inspired Healy’s aesthetics (their neon signs were exhibited at a show called Tumblr IRL). I see no reason why Otzen might not be similarly influenced by this artistic tradition.

Of course, The 1975 may be right: they have helped to popularise this particular vibe, moving it out of aesthetic corners of the internet and onto leaflets dropped through every letterbox in the country. But if mainstream organisations weren’t making vaguely cringeworthy attempts to jump on board a particular moment, how would we know it was cool at all?

Anna Leszkiewicz is a pop culture writer at the New Statesman.