Supreme Court to Hear Key Case on Relative Strength of Regulatory vs Statutory Authority

In what is very much a case whose public perception is wrapped up in the debate over the Affordable Care Act, the Supreme Court has has granted cert (decided to hear and issue a decision on) King v. Burwell.

According to SCOTUSBlog this case is about “Whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1321 of the Patient Protection and Affordable Care Act.”

From the Associated Press:

The Supreme Court has agreed to hear a new challenge to President Barack Obama’s health care law.

The justices on Friday say they will decide whether the law authorizes subsidies that help millions of low- and middle-income people afford their health insurance premiums.

A federal appeals court upheld Internal Revenue Service regulations that allow health-insurance tax credits under the Affordable Care Act for consumers in all 50 states. Opponents argue that most of the subsidies are illegal.

The long-running political and legal campaign to overturn or limit the 2010 health overhaul will be making its second appearance at the Supreme Court.

The justices upheld the heart of the law in a 5-4 decision in 2012 in which Chief Justice John Roberts provided the decisive vote.


So far details on the cert granting are brief but this page will be updated as they become available.

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Joseph Colangelo is Executive Director of Consumers' Research, the nation's oldest consumer-focused organization. Joseph grew up in Northern New Jersey and attended U.C. Berkeley on a Naval ROTC scholarship where he graduated with a Bachelor’s of Arts with a concentration in Political Science.

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