The Supreme Court is hearing oral arguments in King v. Burwell, a case that could upend a key part of the Affordable Care Act that provides subsidized health coverage to millions of Americans.
The fate of this statute in the health care law depends on how justices interpret a sentence in the law that says federal tax subsidies are available to people “enrolled though an Exchange established by the State.” The plaintiffs say the statute should be read in plain English, which would result in a loss of subsidized coverage for an estimated 8 million people unless Congress amends the law's language.
Partner Robert Bradner said, “There are two philosophies around this—whether you just adopt a plain reading or whether you believe the Court has an obligation to try to save the statute." Mr. Bradner said he would adopt the plain reading of the language—saying it was clear to him.
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