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King v. Burwell: Finding a Path Forward After an Executive Overreach
Health AffairsLink to more items from this source
[Opinion]
Mar. 5, 2015

"Justice Anthony Kennedy ... expressed concern that if the federal government really intended only to give subsidies to states that built their own exchanges, it could be an 'unconstitutional form of federal coercion.' ... Under this view, if the Court were to rule in favor of the petitioners and uphold the law as written, it would in effect be endorsing the federal government's unconstitutional coercion of the states. But ... if the Court were to side with the government, it would be endorsing illegal activity by an administrative agency. And it is not clear that the destruction envisioned from the absence of a state exchange would result: The United States managed for nearly a century to have health insurance markets operating without the help of federal exchanges."

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