A project of the Galen Institute

Issue: "Legal Challenges"

Sally Pipes: Obamacare Is Back In Court

Mon, 2015-09-21
Obamacare is back in court. This month, the U.S. District Court for the District of Columbia ruled that the Republican-controlled House of Representatives has standing to sue the Obama administration over how it spent federal money implementing the Affordable Care Act. The lawsuit, brought by House Speaker John Boehner (R-Ohio), challenges billions of dollars the administration gave to insurers to reduce out-of-pocket costs for almost 6 million low-income Americans.

Jonathan Adler: 'King v. Burwell' and the Triumph of Selective Contextualism

Washington Post
Tue, 2015-09-15
In King v. Burwell, the Supreme Court held that the Patient Protection and Affordable Care Act (ACA) should be read to authorize tax credits for the purchase of health insurance in exchanges established by the federal government lest the ACA’s other reforms destabilize the individual health insurance market in states served by federal exchanges. In “King v. Burwell and the Triumph of Selective Constitutionalism,” Michael Cannon and I dissect the court’s reasoning in King, highlighting the court’s abandonment of textualist principles (as others have noted) and the court’s reliance on a highly selective use of context to support its ultimate conclusion.

David G. Savage: House Lawsuit Against Obama Is Turning Into a Real Problem for the President

LA Times
Thu, 2015-08-20
An unprecedented House lawsuit against President Obama that was once derided as a certain loser looks stronger now and may soon deliver an early legal round to Republican lawmakers complaining of executive branch overreach. A federal judge is expected to decide shortly whether to dismiss the suit, but thanks to an amended complaint and a recent Supreme Court ruling, the Republican-backed case has a much better chance of proceeding, attorneys agree.

Greg Sargent: Republicans Want Their Lawmakers to Keep Resisting Obamacare

The Washington Post
Wed, 2015-07-15
A new U.S.A. Today/Suffolk poll finds that in the wake of the Supreme Court decision upholding Obamacare subsidies a majority of Americans want lawmakers to drop the crusade to repeal the law. But Republicans disagree: By 52%-36%, those polled say officials who oppose the Affordable Care Act should take steps to improve the law but end efforts to repeal it, given the high court’s decision rejecting its most serious legal challenge. But Republicans by more than 2-1, 63%-27%, say the campaign to overturn the law should continue.

Sally Pipes: The Supreme Court Has Made Obamacare The Defining Issue Of 2016

Mon, 2015-07-13
President Obama says he’s “feeling pretty good” about the Affordable Care Act in the wake of King v. Burwell, the June 25 U.S. Supreme Court ruling that upheld the flow of means-tested subsidies through the federally operated health insurance exchange, HealthCare.gov.

Michael Cannon: The ACA is Dead — Long Live Obamacare

The Washington Examiner
Fri, 2015-07-10
Obamacare supporters are mistaken if they think the Supreme Court's King v. Burwell ruling settles the issue. Even in defeat, King threatens Obamacare's survival, because it exposes Obamacare as an illegitimate law.

George F. Will: The Wrinkle in the Affordable Care Act Decision

The Washington Post
Fri, 2015-07-03
Roberts’s intellectual complexity does not prevent him from expressing himself pithily, as he did with those words when dissenting in a case from Arizona. Joined by Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr., Roberts’s dissent should somewhat mollify conservatives who are dismayed about his interpretive ingenuity four days earlier in writing the opinion that saved the Affordable Care Act. Furthermore, they, including this columnist, may have missed a wrinkle in Roberts’s ACA opinion that will serve conservatives’ long-term interests.

Heather R. Higgins: Silver Linings of King v. Burwell

The Hill
Fri, 2015-07-03
Convention claims the Supreme Court’s King v. Burwell decision is a loss for conservatives. But Democrats shouldn’t celebrate. Politically, it’s a win for the right, skirting potential harm in terms of legal precedent as well as improving positioning for 2016.

Tom Miller: How the Next President Should Respond to King v. Burwell

Real Clear Markets
Thu, 2015-07-02
In his 1996 State of the Union address, President Bill Clinton proclaimed, "The era of big government is over." That prediction turned out to provide more of a short-term rhetorical evasion than signal a lasting change in the direction of national policy. But after last week's Supreme Court decision in King v. Burwell, it would be more accurate to say: "The era of big lawsuits against Obamacare is over" Nevertheless, several other types of challenges to the future path and pace of implementation of the Affordable Care Act (ACA) remain ahead. As one door closes, others open.

Gardiner Harris and Abby Goodnough: Obama Takes Health Care Momentum Into G.O.P. Territory

The New York Times
Wed, 2015-07-01
Days after the Supreme Court delivered a victory for his health care law for the second time, President Obama flew into mostly Republican territory on Wednesday and began an aggressive push to get states that have resisted parts of the law to expand care to more of their poor residents. “With the Supreme Court case now behind us, I’m hoping what we can do is focus on how to make it even better,” Mr. Obama said to an audience here that included health care administrators and people who got health insurance under the Affordable Care Act.

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