King v. Burwell: Defendant argument
By Dori Zweig
Meanwhile, the defendants will argue that, when constructing the statute, "Congress did not write the ACA wanting to disrupt the entire industry--and the country," as Tom Goldstein of the SCOTUSblog said during a recent panel discussion about King v. Burwell in the District of Columbia.
Here are some key points the defendants are sure to bring up:
It's important to review the phrase "through an exchange established by the State" in context of the entire healthcare reform law and to not single out a group of words. If that were the case, hardly any of the statute would make sense.
Congress included a back-up plan in this particular provision--should a state choose to not establish an exchange, it would use the federal exchange. Technically speaking, regardless of whether a state set up its own exchange or not, an exchange still counts as being an exchange.
- The ACA is working: The uninsured rate dropped to 12.9 percent in the fourth quarter of 2014. What's more, a negative ruling will strip subsidized coverage from nearly 9.6 million Americans.