Thomas Schatz

On Wednesday, March 4, 2015, the Supreme Court heard oral arguments to King v. Burwell.  It is one of four lawsuits that challenge the IRS’s regulation that allows subsidies to assist people to purchase health insurance in Federally-facilitated Exchanges under the Affordable Care Act (ACA), better known as ObamaCare.  The plaintiffs argued that the plain language of the law only allows subsidies to assist people in an Exchange “established by a State” while the Obama administration is arguing the IRS was correct when it decided to provide subsidies for enrollees in both types of Exchanges.  The Exchanges are the on-line marketplaces where people can shop and purchase health insurance. The Supreme Court heard the case because there have been conflicting rulings within the lower courts as to whether the IRS acted legally.