Supreme Court To Consider ACA Subsidy Case | Mercer US

SCOTUS to Consider ACA Subsidy Case

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SCOTUS to Consider ACA Subsidy Case
Calendar31 October 2014

The US Supreme Court is scheduled to meet behind closed doors today to discuss whether to hear King v. Burwell, one of the four cases challenging whether the ACA authorizes federal subsidies for individuals enrolled in health plans in one of the 36 exchanges run by the federal government. The court could decide to hear the case (grant cert), not hear the case (deny), or put off the decision (re-list). It's dangerous to predict what the court will do, but we think it is most likely to put off (re-list) the decision until the DC circuit issues a decision in Halbig v. Burwell. If the court re-lists King, it won't be included on Monday's (November 3) list of cases the court will hear. If it decides not to hear the case, we will likely know on Monday. This case is of interest to employers because if, ultimately, residents in a state are not able to sign up for subsidized coverage in the public exchange, employers can’t be assessed a penalty for not offering minimum value, affordable coverage.

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