What Is Congress Hiding in its Mousetrap? Musings on King v. Burwell

ABA Section of Labor and Employment Law Employee Benefits Committee Newsletter
Spring 2015
In this article, Erin Sweeney discusses the oral arguments in King v. Burwell and predicts the outcome of the case. "Although reading the tea leaves of an oral argument is more art than science, what is clear is that if the Court sides with King, there is no shortage of potential solutions to ensure that the millions of people currently receiving health insurance through the HHS Exchange will obtain tax relief, whether in the form of a delayed effective date from Court itself, a COBRA-like subsidy for impacted participants provided by the States, or the leasing of state exchange technology by the States from private providers," Sweeney said. "Whatever the outcome, both proponents and adversaries of health care reform must now wait for the Supreme Court's decision, which is expected in June 2015."
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