Did the Justices Tip Their Hand

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Did the Justices Tip Their Hand
Calendar28 April 2015

Last week the US Supreme Court issued a ruling that should hold zero interest to the average benefits professional. So why would I blog about it? In this Bloomberg View article, author Noah Feldman says it may offer a clue as to how the justices will rule in King v. Burwell. In a 5-4 decision, with Justice Kennedy providing the deciding vote, the court found in US v. Wong that despite the clear statutory language the plaintiff was entitled to equitable relief to avoid an unjust result. Like Wong, the King case arises from a piece of statutory language that appears to be very clear. But if at least five justices find that a literal reading of the ACA “would produce a disastrous and therefore unjust result” — like they did in Wong — the Obama administration wins. Only time will tell what the Justices really think, but it is fun to read the speculation while we wait.

Go to full article: www.bloombergview.com

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