The Health Law’s Future And Four Little Words

The Wall Street Journal: How The Supreme Court Case Could Affect The Health Law
The blockbuster case before the Supreme Court is version 2.0 of a legal battle that could cripple the Affordable Care Act overhaul of the nation’s health care system. But in important ways, the new case is different from what came before the court three years ago. The case, King v. Burwell, leaves the Constitution aside and focuses instead on interpreting small snippets of language contained in the sprawling health-care law. The justices, who will hear argument on Wednesday, are deciding the meaning of words Congress chose when authorizing the government to provide tax credits for insurance purchases by middle- and low-income individuals. The subsidies are considered a crucial pillar of the law because they make health coverage more affordable for millions of Americans. (Kendall, 3/2)

The Wall Street Journal's Law Blog: Obamacare On Trial: A Preview Of King V. Burwell
The Supreme Court on Wednesday is set to hear arguments in King v. Burwell, the latest case tied to the health-care law. The dispute involves the validity of insurance subsidies for people in more than 30 states who use the federal exchange, HealthCare.gov. At issue is wording in the Obamacare law stipulating that tax credits are available for people who enroll “through an exchange established by the state.” The parties disagree on whether the language allows the Obama administration to offer subsidies nationwide. At stake are subsidies for more than six million Americans but also the fate of the health law itself. (Gershman, 3/2)

The Washington Post's Wonkblog: Why It Would Be Hard For Obamacare To Recover From A Supreme Court Loss
Without the subsidies, the situation would quickly become pretty chaotic for insurers, who've largely benefited from the law so far. Most of the uninsured would no longer be subject to Obamacare's individual mandate requiring people to have health insurance because they wouldn't then have access to "affordable" coverage, as the Affordable Care Act defines affordability. But all of the law's other features that increase the cost of health insurance, such as guaranteed coverage regardless of preexisting conditions, would remain in place. The history of similar state-level health reform efforts that enacted these consumer protections without the mandate and financial assistance shows health insurance rates skyrocketed and healthier people dropped out of the insurance markets. (Millman, 3/2)

The New York Times: Lawyer Put Health Act in Peril by Pointing Out 4 Little Words
The first lawsuits challenging the Affordable Care Act were still in the early stages, but conservative lawyers were already working on a backup plan in December 2010 if the first line of attack failed. It was Thomas M. Christina, an employment benefits lawyer from Greenville, S.C., who found a new vulnerability in the sprawling law. “I noticed something peculiar about the tax credit,” he told a gathering of strategists at the American Enterprise Institute. (LIptak, 3/2)

Politico: Obamacare Case: All Eyes On 2 Justices
The future of Obamacare again falls on the shoulders of John Roberts and Anthony Kennedy. As the Obama administration and Obamacare opponents prepare for another Supreme Court showdown Wednesday, both sides are tailoring their arguments to win over the chief justice, who cast the saving vote for the Affordable Care Act in 2012, and Kennedy, the perennial swing vote on the Supreme Court. (Haberkorn and Gerstein, 3/3)

Kaiser Health News: ACA Heads Back To Supreme Court
The Affordable Care Act is headed back to the Supreme Court. At stake are millions of subsidies that help people in more than three-dozen states afford health care coverage. Mary Agnes Carey and Julie Rovner, discuss the case. (3/3)

A second health law challenge is also making its way through the system -

The Fiscal Times: The Other Obamacare Lawsuit Moving Through The Courts
The Supreme Court hears oral arguments on Wednesday in King v. Burwell, the controversial case that could devastate the health care marketplace in 34 states and destroy the system envisioned by the Affordable Care Act. However, the high-profile assault on the law isn’t the only case working its way through the courts. Last July, after months of threats and a lengthy struggle to find a willing attorney, the House of Representatives filed suit against the Obama administration. It claimed the president’s move to change the effective date of part of the ACA was an unconstitutional infringement on the power of the Congress to write the laws. (Garver, 3/2)

Meanwhile, the Supreme Court is saying no to requests for a speedy release of the transcript of these proceedings -

The Associated Press: Supreme Court Nixes Quick Release Of Obamacare Argument Audio
The Supreme Court is saying no to calls for the speedy release of the audio of Wednesday's high-stakes argument about tax subsidies that are critical to President Barack Obama's health overhaul. (3/2)