How should the King v Burwell case be decided?

Sara Rosenbaum • JUNE 23, 2015

Sara Rosenbaum of George Washington University addresses a set of questions about the King v. Burwell case that is currently being deliberated by the United States Supreme Court. According to Rosenbaum, a ruling for the plaintiff in the case would cause approximately 6 million to 7 million people who currently receive health insurance premium subsidies to lose those subsidies. In such an event, Rosenbaum would predict a rush on the part of patients to receive care before their coverage ends, followed by an exodus from the insurance market by the insurers in those states. Rosenbaum argues that the correct ruling would be for the Supreme Court to defer to the relevant authoritative agency (in this case, the Internal Revenue Service) and allow Congress to issue a technical correction to the language of the legislation. Rosenbaum believes that it was clearly the intent of Congress that the subsidies apply to all states.

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