Last week the U.S. Supreme Court ruled that consumer subsidies can continue flowing through all of the Affordable Care Act’s health insurance marketplaces, protecting tax credits distributed to nearly 6.5 million consumers on 34 federally established exchanges. Roetzel's Ericka Adler provided commentary on the decision to Law360.
"“The King v. Burwell decision is a victory for [President Barack] Obama, but the Supreme Court stretched the legal language of the act to reach its conclusions. The court also made it clear that its decision was influenced by awareness of the politics involved and the impact that a different outcome would have for the country, acknowledging that disallowing subsidies to those enrolled in federal exchanges would destabilize the individual insurance market in any state with a federal exchange and ‘likely create the very “death spirals” that Congress designed the act to avoid.’ The court’s decision clearly reflects what it believes to be the best outcome for the country, but does not present a strong legal analysis. Many critics will be unhappy with the court’s position for this reason alone.”
Excerpted from "Attorneys React To Supreme Court's ACA Save." (Subscription required)