Thursday, March 12, 2015

The Federalism Fallacy in King v. Burwell

A new interpretation claims to protect the states, but would actually hurt them.

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Politico  "Last Wednesday, the Supreme Court heard oral arguments in King v. Burwell, the latest challenge to the Affordable Care Act (ACA). The case centers on a provision of Obamacare that authorizes federal tax subsidies for individuals only if they purchase health insurance through an “Exchange established by the State.” If an individual purchases insurance through a federal-run exchange (in the event that the state opts out of setting up its own exchange), can she still qualify for Obamacare subsidies? The Obama administration says yes; the King plaintiffs say no.

"A great deal is at stake here. If the plaintiffs win, individuals in 34 states—the states that have opted not to operate a state insurance exchange—will still be subject to Obamacare’s individual mandate, but they won’t qualify for federal tax subsidies." . . . Read more...

Earlier this week, we ran a Q&A with Heritage experts Ed Haislmaier and Andrew Kloster about the King v. Burwell case, which was heard by the Supreme Court Wednesday:

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