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Text of HHS Brief to D.C. Court of Appeals on En Banc Review of Availability of Subsidies for Health Coverage Purchased Through Federally-Facilitated Exchanges (PDF)
U.S. Department of Health and Human Services [HHS] Link to more items from this source
Nov. 3, 2014
"Plaintiffs seize on a feature of the Act designed to respect federalism, and they contort it into a provision that punishes States and their citizens.... Regardless of the type of Exchange any particular State chooses, the federal tax credits are available to lower the costs of insurance on Exchanges in every State.... Accepting plaintiffs' account of the Act requires accepting not merely that Congress would adopt this punitive, self-defeating scheme at all, but that Congress would do so exclusively through isolated phrases buried in the technical formula for calculating the size of an individual's tax credit, rather than forthrightly in provisions putting States and their citizens on notice of what Congress had done." [Halbig v. Burwell, No. 14-5018 (D.C. Cir. July 22, 2014)]

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