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Two Circuits Issue Conflicting Rulings on ACA Subsidies Available Through Federal Exchange
Courthouse News Service
July 22, 2014
"In the space of less than two hours, two federal appeals court panels issued conflicting rulings on whether the government can lawfully subsidize premiums for consumers in 36 states that use the federal insurance exchange.... 'We reach this conclusion, frankly, with reluctance,' wrote [D.C.] Circuit Judge Thomas Griffith in the majority's opinion. 'At least until states that wish to can set up Exchanges, our ruling will likely have significant consequences both for the millions of individuals receiving tax credits through federal Exchanges and for health insurance markets more broadly. But, high as those stakes are, the principle of legislative supremacy that guides us is higher still'[.] " [Halbig v. Burwell, No. 14-5018 (D.C. Cir. July 22, 2014); King v. Burwell, No. 14-1158 (4th Cir. July 22, 2014)]
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