A project of the Galen Institute
The Federalist Society
This article will assess the legality of executive actions that the Administration may take after King v. Burwell to continue paying subsidies in these thirty-four states. I will not discuss the merits of the case, predict how the Court should construe the statute or IRS rule, or propose congressional modifications to the ACA. Rather, this analysis is premised on potential administrative fixes HHS could employ following an adverse ruling in King v. Burwell.
Later this month, the Supreme Court will likely announce its decision on King v. Burwell, the lawsuit which asserts tax credits currently being paid to health insurers in 34 to 37 states that use the federal health insurance exchange are illegal. If the Supreme Court stops these tax credits, over six million people will be required to pay the full premiums for their Obamacare policies. This will cause a crisis, which will demand a response by Congress and the president.
Regardless of how the U.S. Supreme Court decides King v. Burwell -- a case regarding the Obama administration’s issuance of health insurance subsidies in violation of their own law -- the negative consequences for patients and taxpayers will continue absent thoughtful, patient-centered reform.
Wall Street Journal
House Republicans sent a clear signal Wednesday that they wouldn’t preserve the health law in its current form if the Supreme Court guts a key provision, and the Obama administration responded with equal clarity that the states and Congress would be the ones responsible for resolving any fallout.
GOP legislators and Health and Human Services Secretary Sylvia Mathews Burwell set out their messages at a House Ways and Means Committee hearing Wednesday, during a week in which both sides are fine-tuning their strategies on the case.
The Wall Street Journal
Many consumers with health coverage through the Affordable Care Act are facing unexpected medical bills that in some cases greatly exceed the law’s caps on out-of-pocket expenses.
The law’s limits don’t apply to charges from out-of-network providers, and many insurance plans sold on ACA exchanges have limited networks—amplifying the risk of surprise bills.
The Washington Post
Maybe the pending King v. Burwell decision will finally put Obamacare out of its misery. No matter what President Obama or Health and Human Services secretary Sylvia Burwell say, the truth is Obamacare is just limping along as another misguided, over-priced and underperforming government program.
President Obama reentered the political battle over healthcare Tuesday, delivering an extended defense of the Affordable Care Act as the Supreme Court prepares to issue its ruling on a case that could strip away health insurance from millions of Americans.
President Barack Obama declared Tuesday that his 5-year-old health care law is firmly established as the “reality” of health care in America, even as he awaits a Supreme Court ruling that could undermine it.
“This is now part of the fabric of how we care for one another,” he said.
Obama defended the health care overhaul during an address to the Catholic Health Association Conference in Washington, just days ahead of an anticipated decision by the Supreme Court that could eliminate health care for millions of people.
Obama poked fun at opponents who have issued “unending Chicken Little warnings” about what would happen if the law passed. None of those predictions have come true, Obama argued.
New York Times
The Obama administration’s top health care official said Wednesday that if the Supreme Court stopped the payment of health insurance subsidies to millions of Americans, it would be up to Congress and state officials to devise a solution.
“The critical decisions will sit with Congress and states and governors,” Sylvia Mathews Burwell, the secretary of health and human services, said at a hearing of the House Ways and Means Committee.
The Obama administration is doubling down on the Affordable Care Act this week, as a U.S. Supreme Court decision that could dismantle the plan looms in the near future.
In a contentious House Committee on Ways and Means, HHS Secretary Sylvia Mathews Burwell said President Barack Obama will not consider any GOP proposals to strike down the law's insurance mandates.
Burwell acknowledged, however, that the administration would rely on Congress for a fix.