Blanche Lincoln keeps on expressing concerns about the public option, because - even if the HCR bill legally forbids the government from injecting any additional funding beyond that provided by the premiums - she believes the government will find some way to bail it out should it run low on funds. Here
Today, on the topic of TARP, I read that Judd Gregg is warning the Obama administration that they cannot use any left over TARP funds for any purposes other than the ones in the TARP bill, because it would be illegal to do so. Here
Blanche, meet Judd. Judd, this is Blanche.
Can the two of you decide whether or not a piece of legislation passed by the United States, can be enforced?
If the answer is yes, the public option should not pose any risk as suggested by Sen. Lincoln, because it would be legally blocked from consuming any additional federal funds. If no, then Sen. Gregg doesn't really have a leg to stand on w.r.t TARP.
You can't have it both ways. Either we can count on the rule of law or we cannot. But it makes no sense to simultaneously argue for one interpretation when it comes to the public option, while arguing for the other when it comes to TARP.