SCOTUS Affirms ACA Subsidies

Supreme Court 2We knew that the decision would be released before the Supreme Court went on vacation and it was.

Today (6/25/15) the SCOTUS affirmed the 4th Court decision in the case of King v. Burwell. The vote was 6-3 with Justices Scalia, Alito and Thomas in the minority. Chief Justice Roberts wrote the majority decision.

King v. Burwell argued that the federal health insurance marketplace set up by the Affordable Care Act (ACA) could not offer subsidies to qualified participants because the law only mentioned subsidies for the state run health insurance marketplaces. Today’s decision rules otherwise.

Today’s decision came almost three years (6/28/2012) of the SCOTUS’s decision finding the ACA itself constitutional.

Needless to say, political response has run along party lines. Democratic lawmakers are happy with the court’s decision. Republican lawmakers are now calling for new ACA repeal attempts.

The ACA has now passed two legal tests in the Supreme Court and is proving popular with those who are now able to afford health insurance. It seems to me to be time to put up or shut up. I understand there are large groups who don’t like ACA but they need to stop the repeal attempts. If they have a substitute, put it forward. As Tim Huelskamp (R-Kan) states; “My concern mainly is after four and a half years, we’ve had 59 votes to repeal and zero votes to replace. What does a healthcare plan look like under a Republican majority? We haven’t done that yet. Now it’s time for Republicans to say what is our solution.”

The SCOTUS decision here

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Tony Nitti

Tax Foundation

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