Obamacare Will Head to Supreme Court Again
Jul 28 2014Last November we ran an article titled " The Achilles Heel That Could Trip Up Obamacare" about court challenges to the Affordable Care Act "that the media has hardly touched on". The law as written provides for only the state exchanges to offer subsidies to help deserving applicants pay for health insurance, but makes no mention of the Government exchange being allowed to do so.
Almost simultaneously in late July, two federal appeals courts issued completely opposite rulings in the separate cases that came before them — one stating that the letter of the law must be followed, the other saying the intent of the law was to treat all equally and the federal omission was a slip-up in the writing of the hugely complicated law.
If the former prevails, the subsidies will be denied to the insured in the 36 states that let the federal exchange handle the administration of the program rather than develop their own system. This would break Obamacare, which is the objective of the litigants. The Supreme Court will have a momentous decision to make. Which shall it be, the letter or the intent?
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