Category Archives: Featured

King v. Burwell and the Rise of the Administrative State

Ronald D. Rotunda – The Patient Protection and Affordable Care Act—popularly called either the “ACA,” or “Obamacare” by opponents, proponents, and even the White House—is a complex law totaling nearly a thousand pages in length. The litigation now before the Supreme Court in King v. Burwell presents, on the surface, a simple issue of statutory […]

Anomalies in the Affordable Care Act that Arise from Reading the Phrase “Exchange Established by the State” Out of Context

Timothy Stoltzfus Jost & James Engstrand – The Supreme Court is currently considering in King v. Burwell whether residents of all States can receive premium tax credits under the Patient Protection and Affordable Care Act (ACA). The Plaintiffs-Petitioners brought this litigation as a challenge to the validity of a Treasury Department rule allowing all ACA health […]