We previously discussed the statements of Jonathan Gruber, a Massachusetts Institute of Technology economist who played a major role the ACA, or “Obamacare,” where he repeatedly endorsed the theory at the heart of the recent decisions in Halbig and King by challengers to the ACA: to wit, that the federal funding provision was a quid pro quo device to reward states with their own exchanges and to punish those that force the creation of federal exchanges. That issue will now be decided by the United States Supreme Court. Gruber caused a considerable controversy when, after he had denounced the theory as “nutty” during the arguments in Halbig and King, he was shown later to have embraced that same interpretation. Having been paid almost $400,000 as an architect of the ACA, Gruber has become a major liability in the litigation. Now Gruber is back in the news with an equally startling admission that the Obama Administration (and Gruber) succeeded in passing the ACA only by engineering a “lack of transparency” on the details and relying on “the stupidity of the American voter.”
Gruber’s remarks were made on a panel given roughly a year ago on Oct. 17, 2013. Notably, this was at the height of the tension over the ACA. While I have long supported national health care, I was critical of the sloppy drafting of the ACA, the federalism conflicts contained in the individual mandate provision, and the unsupportable claims made by the White House in selling the Act. The last concern was the subject of Gruber’s comments. Gruber told the crowd that the “Lack of transparency is a huge political advantage.” He also said that “basically, call it the stupidity of the American voter or whatever, but basically that was really, really critical for the thing to pass.”
Gruber also later states that New York Sen. Chuck Schumer (D.) is someone who “as far as I can tell, doesn’t understand economics” while calling a staffer for Sen. Olympia Snowe (R., Maine) an “idiot.” The later reference appears to be a reference to aide William Pewen.
The specific comments on the bill are transcribed as follows:
“This bill was written in a tortured way to make sure CBO did not score the mandate as taxes. If CBO scored the mandate as taxes, the bill dies. Okay, so it’s written to do that. In terms of risk rated subsidies, if you had a law which said that healthy people are going to pay in – you made explicit healthy people pay in and sick people get money, it would not have passed… Lack of transparency is a huge political advantage. And basically, call it the stupidity of the American voter or whatever, but basically that was really really critical for the thing to pass… Look, I wish Mark was right that we could make it all transparent, but I’d rather have this law than not.”
I was concerned that these lines were taken out of context so I watched the video below:
What is fascinating is that Gruber is open about what has long been hidden in this Administration: the lack of transparency as a tactical political vehicle. The ACA was pushed through by a muscle vote on a handful of votes while the Administration made claims that he later had to admit were misleading at best, such as the President’s repeated assurance that citizens could keep your current insurance policy if you liked it.
Gruber also admits that the Administration crafted the law to avoid it being supported by a tax despite Chief Justice John Roberts’ later decision that it was a tax. Gruber says that, while he would have preferred to be honest and open, such considerations had to be set aside in the interests of passing the law — even by less than honest means.
In a truly ironic twist, the University of Pennsylvania tried to pull back the admission on the lack of transparency by pulling the video:
It was too late. The video was out.
In fairness to Gruber, he was doing what an academic is supposed to do in honestly assessing what he believed occurred in the historic passage of the ACA. While he later sought to deny the earlier comments that he made on the state exchanges (in a less than candid moment), there is thus far no comment from him on this latest video. As in the earlier admissions, there has been little relative coverage by the mainstream media of the comments. Once again, the lack of media attention is surprising given the importance of Gruber to the ACA and the Administration.
UPDATE: Gruber went on MSNBC to say that his comments were “inappropriate” while the host insisted that his comments were misunderstood as “nuanced” observations.

You would have a choice. I’d pick the Public Option too! as would most people. Plus you wouldn get it free. There is a premium and you would have to bu a private supplemental plan, like people do now. Plus I believe the Premium goes up according to income to a certain point. Medicare is working well.
Aridog, glad to see you back commenting again. Hope you’re feeling well. Your suggestion is also a good one. Choices are always good.
Annie – Nothing is FREE. There is no FREE lunch. There is no FREE insurance. Somebody is paying for it. If you are not, your kids are paying for you. And Medicare is not working all that well. A significant number of doctors have stopped taking Medicare patients. If I went on Medicare I would probably lose all of my current doctors.
Aridog,
The ACA was an Republican idea so why do you think Issa would even vote for HR 3319? The Republicans have been filibustering their own co-sponsored bills so I wouldn’t bet any money that any plan would make it through the current Congress or even next years Congress.
That should have read “in” not iin!
Karen,
You must be forgetting that you already have an administrator between you and your doctor with your private plan. Secondly, there isn’t an administrator between you and your doctor with the ACA. And the ACA has slowed down the increase iin health insurance already.
Annie,
There is no way a single payer plan would be acceptable to this Congress. They would filibuster it in the Senate, even if we still had the majority. They have to answer to their corporate masters on every issue. Most of us would prefer single payer, but the only way I see that happening is over time, starting with the ACA.
Then we would see just who stepped up to replace the ACA with something that covers preexisting conditions and is affordable enough for most people, good luck with that.
I’d suggest folks look at the FEHBP adaptation proposed by men as diverse and John Kerry (2004) and Daryl Issa with HR 3319 (2013). No new database required, no pre-existing condition prohibitions, portable, and entirely private sector operated saved the anual contract from OPM. At most would required a few more GS-9 thru GS-12’s be hired…no new bureaucracy.
What a concept.
Annie, If I’m a rich folk, why would I pay for insurance if I can get it “free” from the nanny state? Or, are you admitting right off the bat that the nanny state insurance will be sub-par to what someone can get in the free market with a private plan?
Only Monty Python was funny.
Nick – right. When has a government bureaucracy ever made anything better for a lower cost?
You know what we need? An administrator between us and our doctor! More red tape! More procurement messes where we overpay and they under deliver!
It’s like a Monty Python skit. 🙂
When someone is digging a hole, just stand back and watch. The concept that the govt. can do a competent job on ANYTHING has been exposed to ANYONE w/ a brain. Long after Obama is an old man playing golf, his legacy of arrogance, lawlessness and incompetence will be remembered. We should all thank him, and all of the cultists who defend him. They give this all a certain clarity.
Nick The gov’t has done very competent job with medicare and social security. I have never had one late payment fro SSD and medicare has always done it’s job for me,
I just saw this video yesterday.
There has been scandal after scandal revealing the lies this law was built upon.
And yet, STILL, true believers support it.
This video reveals Mr Gruber thought he knew better than the American people what was good for us. He felt justified in deceiving us because it was for our own good, in his opinion.
THIS is how our politicians think of us. THIS is how they handle us. Delaying the employer mandate until after a major election is another testament to how stupid politicians think we are.
Our politicians are only as honest as we require them to be.
This is our fault. Enough scandals have come out with this law that there should have been major consequences for all parties involved. Sure, 28 senators who voted for it are no longer in office. But since the employer mandate hasn’t hit yet, the American people haven’t really felt the pain yet. So the politicians keep getting away with it.
If we don’t demand consequences when our politicians lie to us, then it is no one’s fault but our own when they do. We the people have created a ruling government class, above the law, with our votes and our apathy.
Also poll after poll shows that seniors and disabled who have Medicare, love it. It isn’t Single Payer, before someone comes along to claim it is.
Here what this liberal has to say, the ACA sucks canal water. But it still provides health care coverage to those with preexisting conditions and those who had no insurance. Having said that, I’d be happy to see it repealed. Then we would see just who stepped up to replace the ACA with something that covers preexisting conditions and is affordable enough for most people, good luck with that. OR somebody will actually recognize the need for a dual system, a Public Option, like Medicare for All and another one for those who wish to purchase health care totally privately. Medicare would require a supplemental insurance plan for most people. For the very poor Medicaid supplements Medicare, which it already does for some disabled with a low enough SS payment. I disliked the ACA from the time it was evident that it was just a big fat wet kiss to health insurance companies, just like Medicare Part D. Good riddance to the ACA now on to something different, we put a man on the moon, we can do this. We better do it fast too, there are people who will die for lack of health care. There should be no going backwards.
As for the video, well he finally told the truth. The Public Option would be wildly popular, Medicare is already set up, all it would need is to be expanded. For you rich folks, you could buy your private plans if you so desire.
Once again, the lack of media attention is surprising given the importance of Gruber to the ACA and the Administration.
I doubt that the MSM will report this with any depth at all. The news departments of the three networks are interlocked with relatives and colleagues in the White House, CNN and MSNBC are not inclined to do much more than cheer for the Obama team. FNC has and will continue to cover the story, and the big print media will ignore it.
I’m so naive that I thought it was the role of lawmakers to actually make the laws. What a rube I am. Turns out that that role is subcontracted to unaccountable academics, lobbing firms, and interest groups, many of which hold progressive beliefs that are in contradiction to writing a law in a manner that best serves all Americans, and not just the adherents of one side of the political spectrum.
The claim of transparency is just part of the taqqiya Barack Obama used to gain election.
Donald – “Apparently not. Turley even said how little the media is NOT playing the video even though the University pulled it.”
Donald, that’s because this is all just another ginned up FOX news story.
Apparently not. Turley even said how little the media is NOT playing the video even though the University pulled it.
In fact it was all over the news when it was news in 2013 when it was said.
As to someone else who said I (and he expects others) to disapper, I actually 1) have other things to do besides sit here and wait with baited breath for you to reply and 2) I have an eye pain disorder so I don’t just sit and read and respond. (In fact I will often miss some replies because I can’t get thru them all)
DBQ –
Don’t ask them to be logically consistent. We all know that Rush is an enemy of the state that needs to be ruthlessly destroyed at any and all cost. Truth is not an obstacle.
I’m not surprised that our usual friends on the left are noticeably absent. I’d like to hear what a few of them have to say, but I’d wager they’d take the same route as leejcaroll and question the context and then disappear.
Shocked? No, Will anything come of this news? No. So who cares/what does it matter? This country is done until a real meltdown happens.
If you support national health care, how do you get around this sarcastic observation by Bryce Buchanan:
The “Affordable Care Act” will reduce the cost and increase the quality of health care, because if you want something done efficiently and economically, then you definitely want unionized government bureaucracies to handle it. History has demonstrated that bureaucrats provide efficient service at lower cost. If we can eliminate consumer choices and let a government monopoly take care of things, like managing all health care, that is a dream worth fighting for.
Don – Bruce said that without throwing up?
There are simply too many business folks scamming the health care system. It was a far more rational system when it was just doctors and nurses taking care of sick people.
The Gruber comments underscore how far our Nation has drifted from the Constitution. One can only wonder how insignificant our Constitution will become in another hundred years. The rise and fall of Nation’s rests on the soundness of it’s founding documents and willingness of it’s citizens to abide by those documents. Are we at a tipping point with this Administration or perhaps the next? How do we move back to the principles of our founders? Perhaps the Gruber comments will energize the disengaged electorate.