King v. Burwell: Which Coercion Within the ACA Suits Your Fancy?

"If ObamaCare subsidies on federal exchanges survive their brush with the Supreme Court, it may be because the law is even more coercive without them.

Chief Justice John Roberts, who saved the individual mandate by calling it a tax in 2012, has been seen as the swing vote who will determine whether ObamaCare remains viable in states without their own exchanges. But a second potential swing vote emerged during Wednesday's oral arguments in the

If ObamaCare subsidies on federal exchanges survive their brush with the Supreme Court, it may be because the law is even more coercive without them.

Chief Justice John Roberts, who saved the individual mandate by calling it a tax in 2012, has been seen as the swing vote who will determine whether ObamaCare remains viable in states without their own exchanges. But a second potential swing vote emerged during Wednesday's oral arguments in the King v. Burwell case challenging the legality of tax subsidies issued to 34 states via the federally run Healthcare.gov.

Justice Anthony Kennedy told plaintiffs attorney Michael Carvin: "If your argument is accepted, the states are being told, 'Either create your own exchange, or we'll send your insurance market into a death spiral.'"


Because of other ObamaCare regulatory mandates — requiring insurers to take all comers and offer a rate without regard to one's health — exchanges could be unworkable without subsidies. That's because the population willing to pay the full cost of the policies would most likely be in disproportionately poor health — which could send premiums soaring.”

“In the view of the conservative challengers, spearheaded by the Competitive Enterprise Institute, "the plain language of the statute dictates the result."

That reading reflects the desire of the 2010 Congress that passed the law to provide a strong incentive for states to set up their own exchanges, Carvin argued.

He also took issue with Kennedy's suggestion that the law is less coercive with the subsidies than without, noting that the subsidies trigger the employer mandate penalties.” - ObamaCare Subsidies Ruling May Hinge On 'Coercion', IBD, 03/04/2015

Link to the entire article appears below:

http://news.investors.com/politics-obamacare/030415-742049-supreme-court-obamacare-king-v-burwell-case-oral-arguments.htm