Doctor concerned with health care law

Breaking news and expert analysis on legal and compliance issues

[Back To Home][Back To Archives]

From Health Law Daily, March 5, 2015

SCOTUS hears King v. Burwell: Kennedy voices constitutional concerns, Roberts doesn’t tip his hand

By Harold M. Bishop, J.D.

Yesterday, March 4, 2015, the U.S. Supreme Court heard oral arguments in King v. Burwell. At issue in the case is the legality of an Internal Revenue Service (IRS) Rule extending tax credits to people who purchased their health insurance plans from the federal Exchanges set up in the 34 states that refused to set up state Exchanges authorized by the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) (see Countdown to King v. Burwell: A roadmap for navigating the Supreme Court arguments, March 2, 2015).

Oral arguments before the Supreme Court are always of interest because the Justices’ questions offer insight as to how they might vote. The inquiries of Justice Anthony Kennedy are typically scrutinized the most because he is often the swing vote between the conservative (Roberts, Scalia, Thomas, Alito) and liberal (Ginsburg, Kagan, Sotomayor, Breyer) wings of the Court. Chief Justice John Roberts, who unexpectedly sided with the liberal Justices in National Federation of Independent Business v. Sebelius(NFIB) (see Court upholds ACA, but modifies Medicaid expansion, July 2, 2012), which upheld the ACA’s individual mandate, seems to have positioned himself as the protector of the Court’s reputation and therefore close scrutiny of his questions is also warranted.

Read further, “SCOTUS hears King v. Burwell: Kennedy voices constitutional concerns, Roberts doesn’t tip his hand.”

Attorneys: Michael A. Carvin (Jones Day)

Companies: U.S. Department of Health and Human Services; U.S. Department of the Treasury; Internal Revenue Service

MainStory: TopStory SupremeCourtNews HealthCareReformNews HealthReformNews

Health Law Daily

Introducing Wolters Kluwer Health Law Daily — a daily reporting service created by attorneys, for attorneys — providing same-day coverage of breaking news, court decisions, legislation, and regulatory activity.

A complete daily report of the news that affects your world

  • View full summaries of federal and state court decisions.
  • Access full text of legislative and regulatory developments.
  • Customize your daily email by topic and/or jurisdiction.
  • Search archives for stories of interest.

Not just news — the right news

  • Get expert analysis written by subject matter specialists—created by attorneys for attorneys.
  • Track law firms and organizations in the headlines with our new “Who’s in the News” feature.
  • Promote your firm with our new reprint policy.

24/7 access for a 24/7 world

  • Forward information with special copyright permissions, encouraging collaboration between counsel and colleagues.
  • Save time with mobile apps for your BlackBerry, iPhone, iPad, Android, or Kindle.
  • Access all links from any mobile device without being prompted for user name and password.