Via The Volokh Conspiracy
Unless the Supreme Court decides to eliminate the Patient Protection and Affordable Care Act in its entirety, Florida v. Sebelius
is not the end of health care reform litigation, but only the
beginning. Lawsuits are already pending challenging everything from the
contraception mandate to the black lung benefits provisions to the
structure of the Independent Payment Advisory Board, as Reuters reported last week. More will follow.
In tomorrow’s USA Today, Cato’s Michael Cannon and I discuss
another potential lawsuit that will be filed if the health care law
survives: A challenge to the IRS rule providing tax credits and premium
assistance for qualifiying health insurance plans sold on federally run
exchanges. As I noted here and here,
the text of the PPACA only authorizes tax credits and premium
assistance for insurance plans purchased in state-run exchanges. If a
state refuses to create an exchange, the federal government is supposed
to create a “fallback” exchange, but the law does not provide for tax
credits and premium assistance for insurance plans purchased on these
“fallback” exchanges. The IRS rule tries to fix this by rewriting the
statute, without any textual warrant. I discussed the rule in this Cato video.
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