What options are available to Congress, the president, and states in responding to a Supreme Court decision expected in the next week in the King v. Burwell case regarding the legitimacy of subsidies for insurance plans purchased through the Affordable Care Act’s federal exchanges? John Dinan, professor of politics and international affairs at Wake Forest University and author of several articles analyzing the drafting and implementation of the ACA, is available to comment on the implications of the ruling, as well as pending cases on same-sex marriage and redistricting.
Dinan says: “In King v. Burwell, much will of course depend on the decision and how it is framed. Will the Court rule that the text of the ACA limits subsidies to individuals in states that set up their own exchanges? The U.S. Department of Health and Human Services has exercised significant discretion in implementing the ACA and could well take steps in the aftermath of a court ruling to allow subsidies to continue in some fashion. Congress could also revise the law to explicitly allow subsidies in all states, perhaps on a temporary basis until a broad fix can be worked out. State officials could also choose to set up state exchanges or partner with the federal government in setting up exchanges that might qualify for subsidies.”
Dinan is the author of “Shaping Health Reform: State Government Influence in the Patient Protection and Affordable Care Act” (2011) and “Implementing Health Reform: Intergovernmental Bargaining and the Affordable Care Act” (2014).
He can also comment on the implications for states, including North Carolina, of theObergefell v. Hodges same-sex marriage case and the Arizona State Legislature v. Arizona Independent Redistricting Commission case concerning the legitimacy of independent redistricting commissions.
About Wake Forest University
Wake Forest University combines the best traditions of a small liberal arts college with the resources of a large research university. Founded in 1834, the school is located in Winston-Salem, N.C. The University’s graduate school of arts and sciences, divinity school, and nationally ranked schools of law, medicine and business enrich our intellectual environment. Learn more about Wake Forest University at www.wfu.edu.
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