February 24, 2015
ObamaCare at the Crossroads
On March 4, the Supreme Court will hear oral arguments in King v. Burwell. On Fox News recently, George Will opined that King is the most important case the Court will hear this year. The issue at hand is the legality of the IRS regulation that ObamaCare subsidies can be awarded for health insurance policies purchased at the federal exchange, contrary to the stipulations in the law. If the Court finds for the plaintiffs, ObamaCare subsidies will be available only in the 13 states that developed their own exchanges.
Unlike NFIB v. Sebelius, King does not seek to overturn ObamaCare; the law’s constitutionality is not the issue in King. So if the plaintiffs prevail, ObamaCare will still stand. “Seven myths about King v. Burwell” at the SCOTUSblog provides a quick summary for getting up to speed on this suit.
There are four suits that challenge the IRS regulation, three of which have received a judgment in the lower courts. Pruitt and Halbig resulted in wins for...(Read Full Article)