Affordable Care Act

  • January 28, 2015

    by Caroline Cox

    In The New York Times, Alan Blinder reports that Georgia completed the execution of Warren Hill, a man with a lifelong intellectual disability. The Supreme Court denied a request to stay Hill’s execution earlier this week.

    Richard Kreitner argues at The Nation that courts should begin to enforce Section 2 of the Fourteenth Amendment in order to save the right to vote.

    Sahil Kapur discusses in Talking Points Memo how the Obama administration is using a 2012 dissent by Justice Scalia in the new Affordable Care Act case.

    At Lyle Denniston Law News, Lyle Denniston writes that an Alabama state judge has vowed resistance to the “tyranny” of same-sex marriage rulings.

  • January 26, 2015
    Guest Post

    by Adam Winkler, Professor of Law at the UCLA School of Law.

    During oral argument in the Fair Housing Act case this past week, Justice Antonin Scalia explained how another high-profile case coming later this term—King v. Burwell—ought to be decided. The King case involves the latest challenge to the Affordable Care Act. The challengers argue that the ACA does not authorize tax credits for people purchasing insurance on exchanges set up by the federal government rather than the states. They rely on a provision in the law that says such credits are available for insurance bought “through an Exchange established by the State.” Read in isolation, that provision would seem to suggest that the credits are available only on the 14 exchanges run by the states, not in the 36 states with exchanges run by the federal government.

    In the hearing in the Fair Housing Act case, however, Justice Scalia—whose vote is almost certainly necessary for the ACA challengers to win their case—elucidated why the ACA challengers should lose. The Court’s obligation in interpreting a statute, Scalia said, is to “look at the entire law,” not just “each little piece” in isolation. “We have to make sense of the law as a whole,” Scalia insisted. Whether or not something is allowed by a statute can only be determined “when all parts are read together.”

    Anyone who reads the “whole law” in the ACA case would easily conclude that credits are available on the federally run exchanges. Start with the basic objectives of the law. According to the authors of the law, “The Affordable Care Act was designed to make health-care coverage affordable for all Americans, regardless of the state they live in. Providing financial help to low- and moderate-income Americans was the measure’s key method of making insurance premiums affordable.” That basic goal would be completely undermined if federally run exchanges couldn't offer the tax credits.

  • January 26, 2015

    by Caroline Cox

    In The New York Times, Adam Liptak considers how the “courtesy fifth” vote to stay executions reveals a lethal gap in the justice system.

    Nina Totenberg of NPR reports that the Supreme Court has agreed to rule on the constitutionality of Oklahoma’s method of execution by lethal injection.

    At The New Republic, Brian Beutler argues that there is clear evidence that Republicans view their own case against the Affordable Care Act as spurious.

    In the Los Angeles Times, Douglas NaJaime asserts that the only way for the Supreme Court to justify excluding same-sex couples from civil marriage is “to imagine a model of marriage that does not exist.”

    Leslie C. Griffin looks at the recent Supreme Court decision on a federal whistleblower at Hamilton & Griffin on Rights.

  • January 21, 2015

    by Caroline Cox

    Zachary Roth of MSNBC reports that the Supreme Court could significantly narrow the scope of the Fair Housing Act in their ruling on a case scheduled for oral arguments today.

    At The Economist, Steven Mazie discusses the ruling in Holt v. Hobbs, a religious liberty case in which the Supreme Court ruled that a Muslim inmate has a right to grow a beard.

    Jeff Shesol writes in the New Yorker that the Supreme Court could strike down another campaign-finance law this term.

    At Talking Points Memo, Sahil Kapur looks at the consequences of a Supreme Court decision to overturn Affordable Care Act subsidies.

    Jamelle Bouie of Slate considers President Obama’s State of the Union address, calling it “an assertive vision of Democratic ideals.”

  • January 15, 2015

    by Caroline Cox

    At Bloomberg View, Noah Feldman argues that Justice Antonin Scalia could be the key to ending the Affordable Care Act.

    Nina Totenberg reports for NPR on the Supreme Court case that has the justices considering whether a sock counts as drug paraphernalia.

    At Buzzfeed, Chris Geidner provides a guide to the multiple same-sex marriage cases that the Supreme Court could decide to hear this term.

    Jonathan Rapping writes in The Nation that the problems with the American justice system go beyond abusive policing.