Tuesday, July 8, 2014

Halbig v. Burwell: The next big Obamacare case

Posted: 08 Jul 2014 07:29 AM PDT
The Supreme Court’s decision in Hobby Lobby has sparked substantial outcry and public debate, but the real litigation over PPACA implementation is just beginning.  However important Hobby Lobby may be for the law of religious accommodation, its effect on the implementation of the PPACA is relatively minor.  The same cannot be said for other cases that are working their way through the federal courts, and further litigation is inevitable.

One set of cases, including Halbig v. Burwell pending in the U.S. Court of Appeals for the D.C. Circuit, challenges the legality of an IRS rule authorizing tax credits for the purchase of health insurance in federal exchanges.  A decision in Halbig is expected shortly, as is a decision in a parallel case pending in the U.S. Court of Appeals for the Fourth Circuit (King v. Burwell).  Two other cases are pending in federal district courts in Indiana and Oklahoma.

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