Oracle Corp., the primary developer responsible for setting up Oregon’s Obamacare health-insurance exchange website, sued the state claiming it’s owed $23 million.
The lawsuit escalates a dispute with Oregon Governor John Kitzhaber, who in May asked the state attorney general to take legal action against the company in an attempt to recoup the state’s payments.
Kitzhaber, a 67-year-old Democrat who has come under political attack on the issue as he seeks a fourth term, has been trading blame with Oracle over the failure to create a website that Oregonians could use to enroll in health coverage under President Barack Obama’s Affordable Care Act.
Technical flaws in the Cover Oregon website, the portal to a $305 million state-run insurance exchange, caused thousands of consumers to file paper applications until the state gave up in April and directed enrollees to the federal website.
-- Oracle Sues Oregon for $23 Million Over Health Exchange Claims Source
I'm wondering why the simple present tense is used in this context. I would use escalated and is seeking instead.
Besides, I think could is used hypothetically here, because the website couldn't be created due to technical flaws. It's a conditional possibility, not a factual possibility, am I right?
Answer
These uses of the simple present are very common—almost obligatory—in journalism. CGEL in fact calls it the 'hot news' present: it is a stylistic choice, which implies that the facts reported are so recent that they may be treated as happening right before your eyes.
The could here is not 'hypothetical' but the simple past of can: it positions the assessment of capability in the past. If the website had been successful the same form would be used: "The contract called for Oracle to create a website which Oregonians could use to enroll."
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