Conservatives on the U.S. Supreme Court might have already tipped their hand on the latest substantial legal threat to Obamacare, according to one Yale law professor. And if they did, it would be good news for the Obama administration.
A federal appeals court in Washington, D.C., ruled Tuesday that Obamacare's language did not allow people shopping on HealthCare.gov to access tax credits if they purchase insurance through the federal website. If that decision were to become law, affecting the 36 states served by the federal exchange, it would strip subsidies from nearly 5 million people and send their premiums skyrocketing. Without some sort of administrative rescue from the Obama administration, it would significantly gut the law.
Another federal appeals court in Virginia ruled the opposite way on the same day. Legal analysts have said it is at least possible that the case will end up in front of the Supreme Court, which largely upheld Obamacare in 2012. But the court's conservative streak has struck down some of the law's other provisions.
Abbe Gluck, a law professor at Yale University, highlighted some passages this week for a piece for Politico that showed how the court's conservative justices seemed to have already interpreted the issue in the 2012 ruling.
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