A guest post on The Washington Post’s Volokh Conspiracy blog has Washington buzzing about a possible outcome of the Supreme Court decision on King v Burwell.
James Blumstein, University professor of constitutional law and health law and policy at Vanderbilt Law School and director of the Vanderbilt Health Policy Center, explains in his article, “Why the procedural posture of King v. Burwell might matter.”
With only three decision days still scheduled for this Supreme Court Term (Thursday, Friday, and Monday), the waiting for the Court’s decision in King v. Burwell will soon be over. Can there still be something new to say or think about at this point? Remarkably, the answer is yes.
The Supreme Court of the United States will soon decide the case of King v. Burwell. The legal question there is simple: Can the president wave his magic wand and rewrite Obamacare to mean whatever he wants it to mean? The correct answer is obviously no. The legal upshot is equally obvious: If King is correctly decided, the president will be barred from doling out Obamacare subsidies in Texas and the dozens of other states that refused to be lured into his eponymous welfare program.
In the next few days, the Supreme Court will issue a decision in King v. Burwell, the most contentious case of the year. (I’m not counting same-sex marriage because everyone thinks it’s a foregone conclusion.) For those still unfamiliar with what is probably the last existential legal challenge to Obamacare, King asks whether the text of the Affordable Care Act, which provides for subsidies for people who buy health insurance from exchanges “established by the state,” also allows the IRS to give these tax credits to those buying from the federal healthcare.gov.
The wait is almost over for what could be the last big legal threat to ObamaCare.
Court watchers are working themselves into a frenzy awaiting a decision on King v. Burwell, one of the most anticipated cases of the year.
On opinion days, dozens of reporters are packing into the court or swarming the steps outside, while nearly 10,000 people tune into SCOTUSblog for live updates. False reports attempting to predict the timing of the decision have only further fueled the hype.
Across Capitol Hill, Republicans in the House and Senate briefed their members for the first time on Wednesday, trying to calm fears about what could happen to the 6.4 million people whose health insurance subsidies are at stake in the case.
State Republican leaders are ratcheting up the pressure on Congress to overhaul the Affordable Care Act if the Supreme Court this month rules that subsidies on the federal exchange are invalid.
Republicans from 33 states have written to Congress as part of a coordinated message urging federal legislators to develop a plan that would free states from the pressure of setting up their own exchanges to salvage subsidies, according to the Foundation for Government Accountability, a conservative think tank.
Their industry already upended with the passage of the federal health care law, insurance companies are facing another upheaval if the Supreme Court rules that millions of Americans are not eligible for subsidies to help defray the cost of their coverage.
The court is expected to decide by the end of June or in early July whether it agrees with the plaintiffs in King v. Burwell that the language in the Affordable Care Act allows the government to offer subsidies only in those states that have established their own insurance marketplaces.
Today, the Congressional Budget Office (CBO) issued an analysis of the budgetary and economic effects of repealing the Affordable Care Act (ACA), the first such estimate to factor the law’s impact on the economy into the price tag for repealing it, a type of analysis also known as dynamic scoring. Though much of the report is predictable and consistent with past analyses by the CBO of the ACA, it is novel in the comprehensiveness of its scope, and offers three important lessons for observers and policymakers.
The strange, twisted journey to the Supreme Court of a case that threatens to unravel President Barack Obama’s namesake heath care legislation began five years ago in the quiet of a Greenville, S.C., law office.
It was summer 2010. The Patient Protection and Affordable Care Act had been signed into law a few months before on March 23. Tom Christina had been asked by his firm to study it and assess its implications for clients.