Today, in Halbig v. Burwell, the DC Court of Appeals overturned a lower court ruling that had signed off on an IRS interpretation of the Affordable Care Act that made millions of Americans, across 36 states, eligible for health insurance subsidies. The problem, the DC Circuit held, is that the ACA, under its plain language, does not say they are so eligible. With stated reluctance, the court refused to rewrite the statute to make it “better,” but instead gave force to the unambiguous language of Congress. CIR had filed an amicus brief in the case on behalf of members of Congress.
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