The Affordable Care Act Case Study

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Ever since its creation in 2010, the Affordable Care Act has received a great deal of backlash. The law has been brought to the courts three times now due to many Americans having issues with certain provisions in the law. Two of the cases that challenged the Affordable Care Act have made it to the Supreme Court. The issues that have been challenged have been in reference to the provisions that expand Medicaid, grant subsidies to states that have established exchanges, and the individual mandate, which requires Americans to have “Minimal Essential Coverage.” The most recent case that has challenged the Affordable Care Act was the case King v. Burwell, which occurred this past year. This case questioned whether it was legal for
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The case, Halbig v. Burwell, was first brought to the United States District Court for the District of Columbia. This case challenged the rule that the IRS permits subsidies for individuals who purchase insurance on state-established exchanges. In a 2-1 decision, the court found that individuals are qualified for subsidies when their insurance is purchased from a state-established exchange. The case then went to the U.S. Court of Appeals for the District of Columbia Circuit. At this level, the court ruled that the insurance subsidies, which aid in the coverage of millions of Americans, are illegal in three-dozen states. This case never went to the Supreme Court after this …show more content…
Burwell occurred on March 4, 2015. Michael A. Carvin represented the plaintiffs. Carvin has previously represented George W. Bush in the 2000 election Florida recount controversy and argued part of the Supreme Court case against the Affordable Care Act in 2012. Donald B. Verrilli , who represented the government, also agued in the 2012 Supreme Court case. The argument used by the plaintiffs is that the words “established by the state” should be applied literally, and that Congress granted subsidies to states that established exchanges as an incentive to get them to do so. The government argued that “the language should be taken in the context of the rest of the law and the system it has created, and that subsidies are critical to the functioning and the success of the Affordable Care Act in making health care coverage affordable and accessible to all

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