King v Burwell Oral Arguments: Its All Begin With Surprises | Mercer US

King v Burwell Oral Arguments Begin With Surprises

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King v Burwell Oral Arguments Begin With Surprises
Calendar05 March 2015

There were a few surprises yesterday at the SCOTUS during the King v. Burwell oral arguments. The first was Justice Kennedy’s assertion that a literal interpretation of the statute could result in a state being coerced – a “serious constitutional problem” – into creating a health exchange to avoid sending their insurance markets into a death spiral. The other surprise was the suggestion by Justice Alito that the Court could stay their decision until the end of the tax year so individuals would not lose their subsidies immediately. This would allow the states time to create their own exchanges, or for Congress to fix the law (Justice Scalia expressed faith that this would happen). We expect the Justices to vote on the outcome of the case during their Friday conference, but we don’t expect the decision until June.

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