"But given his access to the Obama administration during the passage of Obamacare and his expertise on how the health-care law works, the plaintiffs are including Gruber’s initial understanding of the law in their case. Gruber’s name is mentioned six times during the 129-page opening brief which the plaintiffs filed Monday.
They’re not alone. The group coordinating the lawsuit, the Competitive Enterprise Institute, noted in October that while the Obama administration had cited Gruber in every brief during the King v. Burwell lawsuit before Gruber’s comments on subsidies became public, they scrubbed him from their final brief asking the Supreme Court not to hear the case."
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