By Leslie Francis Like the recent Supreme Court decision in Hobby Lobby, the D.C. Circuit’s ruling earlier this week in Halbig v. Burwell is being hailed by conservatives and bemoaned by liberals as a death knell for Obamacare. Unlike the decision in Hobby Lobby, however the D.C. Circuit’s ruling is not the end of the…
By Diana R. H. Winters Legal commentators have spent a lot of time this week sparring over statutory interpretation and the contrasting readings of the ACA by the Halbig and King courts. The potential consequences of these cases demonstrate just how high the stakes of this enterprise can be. With less fanfare, the Second Circuit…
By Greg Curfman and Holly Fernandez Lynch It was as if lightning had struck twice in the same place. On Tuesday two pivotal federal circuit court opinions that could dramatically impact the future of Obamacare were unexpectedly issued within hours of each other. And what’s more, the two opinions reached opposite conclusions on the same…
By Abbe Gluck Cross-posted at Balkinization and Election Law Blog I had hope to take a day off blogging about Halbig and King (the ObamaCare Subsidies cases), but I cannot allow another new, and inaccurate, narrative about ObamaCare to take hold. Over at Volokh, Ilya Somin argues that the holding in Halbig is not absurd because Congress…
By Abbe R. Gluck As most readers know by now, two federal appeals courts on Tuesday reached the opposite conclusions about the validity of the critical financial subsidies on the ACA’s federal health insurance exchanges. The Fourth Circuit in Virginia upheld the subsidies—indicating the government had the better argument, but regardless applying the longstanding rule…
By Kevin Outterson My post at TIE: 4.683 million people get tax bills, lose coverage https://theincidentaleconomist.com/wordpress/4-683-million-unanswered-questions-in-halbig/ Also Nick Bagley at TIE: https://theincidentaleconomist.com/wordpress/a-stinging-defeat-for-the-government/ UPDATE: Gov’t wins in the 4th Cir companion case: https://theincidentaleconomist.com/wordpress/the-government-may-have-lost-in-d-c-but-it-just-won-in-the-fourth-circuit/
In a video interview with Reuters in conjunction with Harvard School of Public Heath’s Health Reform Watch, Petrie-Flom Center Executive Director Holly Fernandez Lynch analyzes the impact of the Supreme Court’s recent decisions in Hobby Lobby and Wheaton College. To watch the interview please click here.
By Kevin Outterson (After the commercial, sorry, but worth it.) h/t Blue Mass Group @koutterson
By Gregory Curfman Tom Goldstein, Publisher of SCOTUSblog, has opined on why Justice Stephen Breyer apparently joined the majority opinion in Wheaton College v. Burwell, which the Court released last Thursday. The majority granted Wheaton a temporary injunction exempting the College from the contraceptive mandate, which was spawned by the Affordable Care Act and which…
By Gregory Curfman and Holly Fernandez Lynch [A quick follow up to our recent NEJM Perspective on the case, with I. Glenn Cohen] Immediately after Justice Samuel Alito’s announcement on June 30 of the majority opinion in Burwell v. Hobby Lobby, the Supreme Court took further actions on the contraceptive mandate, and both supporters and opponents…
