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 …show more content…
Burwell is the most recent Supreme Court case dealing with the Affordable Care Act. The Supreme Court made their decision on the case this past June. The issue being challenged was whether the IRS can issue tax credits to states that use the federal health insurance exchange HealthCare.Gov. The challenge upheld itself on the interpretation of four words: “established by the State”. This refers to states that can receive subsidies from “exchanges established by the state.” However, the law did not mention whether states that did not set up their own exchange could also receive those subsidies. The IRS interpreted the law as the power for the IRS to issue tax credits whether the state created it own exchange or it defaulted to the federal …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