King v. Burwell

Issue: Does the IRS have authority to issue a regulation that makes Affordable Care Act (ACA) premium subsidies available in states with a federally-run Marketplace?

Background: The ACA provides premium subsidies to make individual Marketplace plans affordable. States choose whether to establish their own Marketplace or to default to a federally-run Marketplace. The IRS issued a regulation that makes premium subsidies available in any Marketplace. Four individuals sued, arguing that the ACA only authorizes premium subsidies in state-based Marketplaces. The U.S. Supreme Court upheld the IRS regulation.

Current Status: Final decision issued

U.S. Supreme Court Amicus Brief, Jan. 28, 2015 

Amici: American Public Health Association and 102 public health deans and scholars

Argument Summary: Eliminating access to premium tax credits for residents of the 34 states that have not established a state-based Marketplace will defeat the public health goals of the ACA and harm population health. The overriding purpose of the ACA was to enact national health reform, specifically by ensuring the availability of affordable health insurance coverage for all Americans.

Outside Counsel: McDermott Will & Emery LLP