THIS SUMMER’S ATTEMPT to dismantle the Affordable Care Act began as the very height of frivolous lawsuits. Cooked up with the help of the Competitive Enterprise Institute, a libertarian think tank, the case (King v. Burwell) depended upon a very narrow reading of four words in Section 36B of the ACA: “established by the State.”
Essentially, Obamacare foes argued that Congress intended to provide health-care subsidies (or tax credits) only to those Americans living in states with state-operated insurance exchanges. Those who lived in states without exchanges—including Florida, Texas, Wisconsin, and others—and were, therefore, dependent upon the federal exchange would be ineligible for subsidies.
Of course, Congress intended no such thing—as the Supreme Court upheld. Throughout dozens of hearings and hundreds of hours of debate, it was clear that ACA subsidies would be available to every American, regardless of what state they lived in.
In a 6-3 ruling, the court rejected King, with Chief Justice Roberts explaining, “A fair reading of legislation demands a fair understanding of the legislative plan. Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them.”
Had the suit carried the day, 6.4 million Americans would have lost their subsidies.