Obamacare Fight Carries Risks for Republicans in 2016 Swing States - McDermott Will & Emery

Obamacare Fight Carries Risks for Republicans in 2016 Swing States

Overview


M. Miller Baker, drawing on his extensive Supreme Court experience, predicted that even if the full DC Circuit Court upholds a panel ruling that only those seeking health coverage via exchanges “established by the State” are eligible for subsidies, the judges probably would freeze their ruling so the government could file an appeal with the Supreme Court. Mr. Miller added that “as a practical matter” the subsidies could not be eliminated “until the Supreme Court ultimately rules,” which could take at least a year.