ACA Tax Subsidy Dispute May End Up Before High Court

Overview


J. Peter Rich and Lauren D’Agostino wrote this bylined article about the the full D.C. Circuit’s decision to rehear its Halbig v. Burwell panel ruling that persons covered by health insurance plans on a federal health exchange cannot receive federal income tax subsidies to help pay the coverage. The rehear decision “was likely influenced by the importance of the issue as well as the composition of the full D.C. Circuit,” the authors wrote, noting that 7 of the 11 judges were appointed by Democratic presidents. “It is expected that the full court will rule in favor of the government,” they continued, which may mean an appeal of the issue to the U.S. Supreme Court.