Health-Law Opponents Seek Supreme Court Review

[alp227]

Source: Wall St Journal

WASHINGTON—A group of individuals who challenged health insurance subsidies tied to the Affordable Care Act moved quickly Thursday to get an appeal in front of the Supreme Court.

The challengers, Virginia residents who opposed the subsidies, filed a petition with the high court just nine days after the Fourth U.S. Circuit Court of Appeals in Richmond, Va. upheld an Obama administration regulation that said subsidized insurance was available to qualifying consumers nationwide.

That appeals court decision was one of two issued on the same day in mid-July that reached conflicting conclusions on the legality of the administration's approach. A federal appeals court in Washington, D.C., ruled against the government, siding with a different group of challengers who argued language in the 2010 health care law prohibited the government from offering subsidies to those who buy insurance on a federal exchange, instead of one run by a state.

The legal dispute has significant ramifications for the Affordable Care Act's implementation because the federal government is running some or all of the insurance exchanges in 36 states. The cases have left a cloud of uncertainty over an estimated 4.7 million Americans who obtained subsidized health coverage through a federally run insurance exchange.

Read more: https://archive.today/UDZ2I

[McCamy Taylor]

1. In this case I am sorry to say "I told you so." I knew that this was heading to the SCOTUS

because this is how the GOP hopes to create the maximum unrest among the newly insured. Have the SCOTUS indicate that it will hear the case AFTER the election. How many Supreme Court Injustices does it take to make this kind of chaos? Just one, right?

[bigdarryl]

2. Doesn't the full DC Court have to rule on this first

The Obama Administration already appealed to the full DC Court I was under the impression the Supreme Court waits until the DC court makes there ruling when something is appealed.Even if it gets to the Supreme Court it will be two years out by then at least 30 million people will be getting these subsidies

[amandabeech]

3. There are two more cases in the lower courts.

There is one in Oklahoma and another in Indiana. I don't know how those cases are going, though.

The En Banc DC Circuit will probably go the government's way, so at that point there will be no split in the circuits, which lessens the chance of the SC granting cert. until there is an appeals decision in the OK and IN cases.

[Chan790]

4. Ultimately, Indiana is the one that may be an issue. Oklahoma won't be.

Oklahoma is in the 10th Circuit which is majority Clinton and Obama appointees. Any decision there will likely uphold the mandates, if not in the initial ruling, then in the en banc ruling.

Indiana on the other hand is in the 7th Circuit...4 Reagan appointees, 2 each for G.W. Bush and Clinton, 1 each for Obama and G.H.W.Bush, with a vacant seat. There is probably no chance of the 7th upholding the subsidies.

[amandabeech]

5. Well, this looks like its going to the SC, then.

I didn't realize that the 7th was so conservative. I've been out of the loop for awhile.

Thanks for posting.

[Morganfleeman]

7. No need for that

The Supreme Court could take the case straight from the 4th Circuit. They need not wait for the D.C. Circuit to rule. They will generally take a case in the event of a Circuit split, but also where there is an important question requiring resolution, which fits the bill here. You could easily have a decision on this case next year in this scenario.

[blkmusclmachine]

6. Ah, SOMEBODY doesn't like his (or her) BobDoleCare/RomneyCare!!!