Was Obamacare Ruling Nitpicking Over Language, or a Viable Law Glitch? - McDermott Will & Emery

Was Obamacare Ruling Nitpicking Over Language, or a Viable Law Glitch?

Overview


Guy Collier said that the DC Circuit judge who wrote the decision holding only those seeking health coverage via exchanges “established by the State” are eligible for subsidies went for a literal interpretation of the law. But, while Mr. Collier would not say that politics played a role in the decision, he added that the intent of the statute was clear: “Congress couldn’t have intended for the subsidies to only apply to [exchange states]. Whether it was a drafting oversight, we don’t know.” Read the full article