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December 12, 2014

Supreme Court to Consider King v. Burwell

On November 7, the Supreme Court agreed to review King v. Burwell, one of four cases to challenge the legality of Exchange subsidies (and the resulting taxes levied against individuals and employers) in the 36 states that failed to establish Exchanges. According to the New England Journal of Medicine, under a ruling for the plaintiffs, “the law’s recent momentum will be reversed, the fight over ObamaCare will intensify, and the future of health care reform will be highly uncertain.”
King is the only one of the three standing judicial opinions in these cases in which the government has prevailed. The other two opinions found the IRS is violating the clear and unambiguous language of the Patient Protection and Affordable Care Act. Oral arguments in King will take place in February or March, with a ruling by June.

The Cato Institute has been at the forefront of these cases.
  • In a recent interview, called Cato Institute director of health policy studies Michael F. Cannon “the man who could bring down ObamaCare” for his role in encouraging states to block those features of the law, and as an architect of King v. Burwell.

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