I'm not going to defend Hatch's position in 2010 or 2015, or any waffling between those two dates. I linked to the op-ed because it was an interesting development--these Republicans claim to have a plan (though, as ivysaur12 pointed out, they haven't exactly produced a bill implementing that plan), and that plan includes transitional relief for those affected by a government defeat in King..
It isn't really a matter of defending specific positons or not at the end of this day, but exposing King v. Burwell for the farce it really is and how tragic it would be if the SCOTUS doesn't side with the government. Scalia himself wrote that Congress had a backup plan in the law for when states refused to set up exchanges with subsidies by themselves. True, it was for a case that had absolutely nothing to with the federal exchanges/subsidies and the validity of the text enabling them, but he still put those words to paper. Hatch clearly came to the same conclusion, only now to completely shift positions. He and many others in his party are basically seeing this asinine case as the only thing that can stop the ACA. After all, everything else they've tried has been completely exhausted and basically proven to be futile and ultimately symbolic if nothing else.
Because the GOP is appearing to be more... diplomatic in dealing with fallout from King (i.e. grace periods for those who would otherwise have no choice but to stop paying their premiums due to a huge spike in cost), it tells me they're taking this case very seriously and taking the necessary steps to get a fifth justice (i.e. Roberts) to side with a conservative ruling in favor of King. They haven't put forth legislation yet, but it's still early as the ruling likely won't come until May or June. The GOP moves at a snail's pace and they have plenty of time to put a half-assed bill together that could play a role in forming the deciding vote in the SCOTUS.
This is all very troubling to me because this might have been the only thing keeping someone like Roberts from siding with King. The only problem is there's no guarantee this backup plan would pass and even if it did, what it would be replaced with, if anything. It will still hurt the health insurance industry and economy, and will negatively impact the lives of so many people who desperately need health insurance.
Basically, I was not expecting the GOP to come around to the idea of even a grace period. Because they are, this can only tell me the people involved in this case who are in support of King feel like they finally have the kick in the gut to the ACA that they always wanted.
Even though I fundamentally disagree with every opinion that Metaphoreus has posted regarding King, I do admire how thoroughly he is with his posts.
I think he either has something to do with the case (i.e. lawyer, some kind of advisor, etc) or knows some important people who are. He'd be a fool to admit it here at this point in time, but that's my gut feeling about him. He told me he wasn't "that" kind of lawyer once before, but I don't believe that. He has a level of confidence about this case that is most certainly not just trolling or beating his chest over his opinion just so he can be right on a message board; it's like he
knows something.