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Opinion: King v Burwell, No. 14-114 (Art Lien) Analysis Pumping new life into the Affordable Care Act in a way that, together with President Obama’s veto pen, will ensure that the law lasts at least another nineteen months, a divided Supreme Court ruled on Thursday that subsidies to help lower-income Americans buy health insurance will remain available in all fifty states.
Analysis One of the most important functions of oral argument in the Supreme Court is that it can strongly shape the next round: the private deliberations among the nine Justices as they start work on a decision.
At 10 a.m. Wednesday, the Supreme Court will hold oral argument on the latest legal challenge to the Affordable Care Act, the new federal health-care law.
UPDATED Tuesday 11:58 a.m. Oklahoma and five other states where the federal government operates insurance marketplaces have filed a brief in the granted case of King v. Burwell, supporting the challenge to tax credits for those shopping at the federal exchanges.
The Obama administration on Wednesday told a federal appeals court now reviewing the scope of subsidies to help people buy health insurance under the Affordable Care Act that it will soon ask that the case be put on hold while the Supreme Court reviews the same controversy.
With the Supreme Court set to rule in the current Term on the scope of individuals’ access to subsidies to help them afford health insurance under the Affordable Care Act, the U.S. Court of Appeals for the District of Columbia Circuit decided on Wednesday afternoon to step aside.
Michael Rosman is General Counsel at the Center for Individual Rights and is among counsel to several senators and representatives as amicus curiae urging review in King. King v. Burwell is being touted by the popular press as a case of enormous import.
Michael F. Cannon (@mfcannon) is director of health policy studies at the libertarian Cato Institute and coauthor (with Jonathan H. Adler) of the leading academic treatment of King v. Burwell, “Taxation Without Representation: The Illegal IRS Rule to Expand Tax Credits Under the PPACA,” Health Matrix: Journal of Law-Medicine 23, No. 1 (2013): 119-195.
Patrick Wyrick is the Solicitor General of Oklahoma and among counsel to several states as amicus curiae urging review of King. He is also counsel in Oklahoma v. Burwell, the first case raising a challenge to this IRS rule.
Robert Weiner is a Partner at Arnold & Porter LLP. In King v. Burwell, the Supreme Court has taken a case it did not need to take, on an issue that should not be an issue.
Brianne Gorod is Appellate Counsel at the Constitutional Accountability Center. Opponents of the Affordable Care Act succeeded in getting the Supreme Court to hear their latest challenge to the ACA last week, but they should hold off on celebrating.
Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.