It is not a good thing that that Supreme Court has agreed to review a case that could basically rip the legs out from under Obamacare.
Lyle Denniston at SCOTUSblog:
The Supreme Court, moving back into the abiding controversy over the Affordable Care Act, agreed early Friday afternoon to decide how far the federal government can extend its program of subsidies to buyers of health insurance. At issue is whether the program of tax credits applies only in the consumer marketplaces set up by sixteen states, and not at federally operated sites in thirty-four states.
By adding the case to its decision docket at this point, without waiting for further action in lower federal courts, as the Obama administration had asked, the Court ensured that it would rule on the case during the current Term. If it decides to limit the subsidies to the state-run “exchanges,” it is widely understood that that outcome would crash the ACA’s carefully balanced economic arrangements.
Via Scott Lemieux at LGM:
People with strong stomachs can look at Jonathan Adler, in his palpable excitement about millions of people about to be stripped of their health insurance, claiming that this case is about…deferring to Congress. The fact that not a single member of Congress involved in passing the ACA has believed at any time that the subsidies were not available on federally established exchanges and the interpretation of the statute saying otherwise is nonsensical on its face renders this rather dark comedy indeed.
In other words, what amounts to a typo in the law could — and with this court it’s entirely possible — crater it.
And even if they don’t, it will not be the end of attempts to kill the law. Remember, the same fanatics who have been fighting against a woman’s right to reproductive choice are fighting this law.