Doug Schoen at Forbes.com thinks he has found a bit of insight in how SCOTUS will decide King v. Burwell. While we are all speculating, it is worth a read. His key points come from a decision released last week in which the justices sounded off on whether the objeective of a statute may supercede its text.
This month either Obamacare will be sustained once again by the Supreme Court of the United States or it will see a major setback. Which one will it be? Who knows? We know the following and not much more: 1. 4 justices will uphold the law as written which will mean big trouble for the subsidies provided to individuals through the federal exchange and 2. Justice Roberts will be in the majority.
You may recall the circuit panel ruling in Halbig v. Burwell this past Summer. This is a little case with huge potential implications for the ACA. I say potential because the panel holding was quickly vacated by the DC Circuit Court of Appeals.
At the Allegiance Bank Texas ACA seminar, I was asked to take out my "crystal ball" and predict what might be coming down the line for the ACA. I answered that my track record on predicting the ACA is pretty poor. Of course, that did not stop me from making some vague comments about what might change with the ACA.