Skip to content
Formerly Hosted by the Law Professor Blogs Network

Supreme Court Upholds Affordable Care Act Provisions On Subsidies

Supreme courtOn Thursday, the Supreme Court upheld certain provisions of the Affordable Care Act dealing with health insurance subsidies.  The 6-3 decision in King vs. Burwell means that the affordable care act is going to remain in place after Obama leaves office.  The case centered around four Virginia plaintiffs who argued that the act prohibited the Federal government from providing subsidies in States that did not have their own exchanges.  The majority opinion written by Chief Justice Roberts held that Congress never intended to limit the exchanges and that the health insurance market should not be thrown into chaos because of the laws “inartful drafting.”  Justice Scalia wrote a blistering dissent arguing that the majorities reasoning is “quite absurd” and that “[w]e really should start calling this law Scotus-care.”

See Adam Liptak, Supreme Court Allows Nationwide Health Care Subsidies, The New York Times, June 25, 2015.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.