King v. Burwell’s Mere Existence Is Politically Remarkable
On Wednesday the Supreme Court heard oral arguments in King v. Burwell, the case challenging the IRS’s decision to pay subsidies to lower-income health-insurance buyers in states with federal insurance exchanges — even though the Obamacare legislation authorizes subsidies only in states with exchanges “established by the state.”
The Obama administration is thus in the uncomfortable position of arguing that the president’s signature law says what it doesn’t say. Nevertheless, initial analyses of the oral argument suggest the government might win.
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