The Affordable Care Act is likely here to stay, despite the hopes of many on the right.
The Affordable Care Act was dealt yet another challenge recently in the case of King vs. Burwell.
The case has come down to the oral arguments which will be made in front of the Supreme Court next week.
In this suit against the Affordable Care Act, all eyes will be on Chief Justice John G. Roberts Jr. as the deciding factor.
That doesn’t bode well for plaintiffs, as Justice Roberts was the deciding vote in favor of the government when the last challenge was brought before the Supreme Court.
The plaintiffs’ case against the Affordable Care Act basically hinges on four words in the Act pertaining to tax credits: “established by the State.”
These are the same words that have brought other challenges to the Affordable Care Act. However, Justice Roberts has been a proponent of the act from the beginning and doesn’t find the phrase of serious consequence.
In fact, an opinion was written in 2006 by Justice Anthony M. Kennedy on the matter of the words and Justice Roberts later agreed with it.
In it, Justice Kennedy stated, “Interpretation of a word or phrase depends upon reading the whole statutory text, considering the purpose and context of the statute, and consulting any precedents or authorities that inform the analysis.”
The fact is, considering Justice Roberts’ history of voting in favor of the government when it comes to the Affordable Care Act, we can only assume that he will again vote that way in this particular challenge.
I guess we will have to wait to find out for sure until after oral arguments are heard, but chances are slim of the plaintiffs winning this one.
What do you think about the current challenge to the Affordable Care Act?