Posts

Showing posts from 2015

Nothing Will Change; the Subsidies Will Live

Kudos to Amy Howe of ScotusBlog for a well written 3/4/15 piece on the oral arguments presented to the Supreme Court on the merits of continuing the "state-based" Obamacare subsidy (King v. Burwell).

If you don't have the time or the interest in reading the article, but you are interested in knowing if the subsidies will be killed off and spawn an insurance "death spiral," then let me sum it up as per Amy's interpretation of the questions and answers between counsels and judges. The judges tipped their hands by the questions they asked and the concerns that they raised. They are very much behind keeping things exactly the way they are now. As Amy puts it:
"Justices Elena Kagan, Sonia Sotomayor, Stephen Breyer, and Ruth Bader Ginsburg all seemed like solid votes for the federal government, defending the subsidies, while the challengers could clearly count on the votes of Justices Antonin Scalia and Samuel Alito." I wasn't a math major, but…