Friday, March 13, 2015

What Happens If the Supreme Court Rules Against the Administration in King v. Burwell?

Andrew Kloster (Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies) and Alden F. Abbott (Deputy Director of the Meese Center) have written an outstanding, comprehensive, yet very readable summary about what will happen to health reform if the plaintiffs win in King v. Burwell at the Supreme Court.

Absent action by the federal government or states, a ruling against the Obama Administration would mean that:
  1. The overwhelming majority of individuals currently subjected to the individual mandate would be exempted as they would not be required to purchase unaffordable care. 
  2. The absence of those subsidies would also neuter the employer mandate in the 34 states that chose not to set up their own exchanges. And
  3. Federalism would be preserved as each of those 34 states could then opt to address the exchange situation on a case by case basis as they see fit.  
Read the whole article here