The Supreme Court will hear another challenge to the Affordable Care Act (ACA) this March - one that some experts say could strike a big blow to the very foundation of the law. According to the suit, subsidies received by some 80 percent of ACA enrollees should be limited to 13 states and the District of Columbia, which set up their own exchanges. If the Supreme Court rules in favor of the plaintiffs, an estimated 8 to 10 million people would likely lose their financial insurance assistance and have to drop coverage.
What are the chances that the Supreme Court will strike down subsidies in states that have not established an exchange? And what effect will King v. Burwell have on the nation's health care system? National Journal will present a panel of experts to discuss the latest legal challenge to the Affordable Care Act.
Nicholas Bagley is an assistant professor of law at the University of Michigan Law School. He teaches and writes in the areas of health law, administrative law, and regulatory theory. Nick’s work has appeared in the Harvard Law Review, the Columbia Law Review, the Georgetown Law Journal, and the Journal on Health Politics, Policy and Law.
Mike Carvin focuses on constitutional, appellate, civil rights, and civil litigation against the federal government. He has argued numerous cases in the United States Supreme Court and in virtually every federal appeals court. These cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Lanhee J. Chen, PhD, is the David and Diane Steffy Research Fellow at the Hoover Institution; director of Domestic Policy Studies and lecturer in the Public Policy Program at Stanford University; lecturer in law at Stanford Law School; and an affiliate of the Freeman Spogli Institute for International Studies at Stanford. His current research focuses on health policy, retirement security policy, campaigns and elections, and California policy and politics.
Julie Rovner, the Robin Toner Distinguished Fellow, joined KHN after 16 years as health policy correspondent for NPR, where she helped lead the network’s coverage of the passage and implementation of the Affordable Care Act. A noted expert on health policy issues, Rovner is the author of a critically-praised reference book Health Care Politics and Policy A-Z, now in its third edition. In 2005, she was awarded the National Press Foundation’s Everett McKinley Dirksen Award for distinguished reporting of Congress for her coverage of the passage of the Medicare prescription drug law and its aftermath. Prior to NPR, Rovner covered health policy for National Journal's CongressDaily and for Congressional Quarterly, among others. She has a degree in political science from University of Michigan.
Neera Tanden is the President of the Center for American Progress and Counselor to the Center for American Progress Action Fund. She has served in both the Obama and Clinton administrations, as well as presidential campaigns and think tanks. Most recently, she served as the Chief Operating Officer for the Center, where she oversaw strategic planning, operations, and fundraising.
Michael Carvin, attorney for the plaintiffs in the Supreme Court case King v. Burwell, details the language at issue, that subsidies are available for plans established through state exchanges, and argues that the federal exchange does not apply.