Lead Counsel Michael Carvin filed a reply brief in King v. Burwell, one of two cases challenging the Obama Administration’s interpretation of the Patient Protection and Affordable Care Act (“Obamacare”). Carvin’s brief urged the Court to promptly review a decision by the Fourth Circuit in which that court held that the Act permits the government to provide healthcare subsidies even in states that have elected not to create healthcare exchanges.
A three-judge panel on the D.C. Circuit struck down the Administration’s novel interpretation of the statute in July. However, Senate Majority Leader Harry Reid blew up longstanding Senate filibuster rules in order to get several judges favorable to the Administration on the D.C. Circuit just in time to vacate the panel decision and slot the case for review by the full D.C. Circuit.
That left King v. Burwell as the case that could be immediately appealed to the Supreme Court, which Carvin did on July 24.
Carvin’s brief, which the Wall Street Journal termed a “corker,” points out that there is no reason to delay and plenty of reason to settle this issue soon rather than leaving the country in limbo while the full D.C. Circuit reconsiders the panel decision in Halbig v. Burwell.