Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: What You Should Know About the Obamacare Ruling (King v. Burwell)
Explainer: What You Should Know About the Obamacare Ruling (King v. Burwell)
Jul 3, 2026 6:57 PM

In a significant victoryfor the Obama administration, the Supreme Court voted in a6-3 decisioninKing v. Burwellthat the Affordable Care Act authorized federal tax credits for eligible Americans living not only in states with their own exchanges but also in the 34 states with federal exchanges. Here is what you should know about the case and the ruling.

What was the case about?

At the core of the Affordable Care Act (aka Obamacare), the Court noted, were three key reforms: (1) Guaranteed issue munity rating requirements, (2) Require individuals to maintain health insurance coverage or make a payment to the IRS, unless the cost of buying insurance would exceed eight percent of that individual’s e, and (3) Seek to make insurance more affordable by giving refundable tax credits to individuals with household es between 100 per cent and 400 percent of the federal poverty line

Additionally, Obamacare requires the creation of an “Exchange” in each State—basically, a marketplace that allows people pare and purchase insurance plans. The law gives each State the opportunity to establish its own Exchange, but provides that the federal government will establish “such Exchange” if the State does not. This case hinged on what “an Exchange established by the State under [42 U. S. C. §18031]” could mean since several individual states refused to establish their own exchanges.

The Internal Revenue Service interpreted the wording broadly to authorize the subsidy also for insurance purchased on an Exchange established by the federal government. The four individuals who challenged the law argued that a federal Exchange is not an “Exchange established by the State,” and section 36B does not authorize the IRS to provide tax credits for insurance purchased on federal Exchanges. Several district courts agreed with the government, but because one sided with the plaintiffs the case ended up at the Supreme Court.

Can you explain that without the legalese?

The federal government tried to say that when they wrote “Exchange established by the State,” they meant established by the individual statesorby the federal government. The lower court ruled that in the context of the Obamacare law, that reading doesn’t make much sense. The law has to be read as meaning what it says (as written) not as the Obama administration wishes to interpret it after the fact. If the ruling had stood, the people receiving subsidies would have had to pay for the full cost of their Obamacare premiums rather than having a portion covered by taxpayers.

Why would that have been such a problem?

Without subsidies being available in all the 50 states, the law would have made insurance unaffordable and led to “death spirals.” As Sean Parnell explains,

A death spiral generally occurs when insurers are forced to raise premiums sharply to pay promised benefits. Higher premiums cause many of the healthiest policyholders, who already pay far more in premiums than they receive in benefits, to drop coverage.

When healthy policyholders drop coverage, it leaves the insurer with little choice but to raise premiums again because they now have a risk pool that is less healthy than before. But another premium increase means many of the healthy people who remained now drop their policies, too, and this continues until the only people willing to pay the now-very-high premiums are those with serious medical conditions.

The “death spirals” would have effectively killed the Affordable Health Care Act since it would make health insurance even less affordable.

What did the Supreme Court decide?

In a 6-3 decision, with Justices Roberts and Kennedy joining the liberals, the Court sided with the Obama administration. Justice Roberts wrote,

Petitioners’ plain-meaning arguments are strong, but the Act’s context and pel the conclusion that Section 36B allows tax credits for insurance purchased on any Exchange created under the Act. Those credits are necessary for the Federal Exchanges to function like their State Exchange counterparts, and to avoid the type of calamitous result that Congress plainly meant to avoid.

What was the Court’s reasoning on the ruling?

The majority decision makes several points:

Congress never intended for the law to be interpreted by the IRS (“…had Congress wished to assign that question to an agency, it surely would have done so expressly. And it is especially unlikely that Congress would have delegated this decision to the IRS, which has no expertise in crafting health insurance policy of this sort.” [emphasis in original]).The meaning of the phrase in dispute is indeed ambiguous, so the Court has to decide what it means.Because reading the phrase to exclude federal exchanges would lead to “death spirals,” that can’t be what Congress intended. Therefore, the Court should interpret the phrase in a way “to avoid the type of calamitous result that Congress plainly meant to avoid.”

What did the justices who disagree have to say?

Justice Scalia wrote a scathing rebuttal for the three dissenting justices. He opens by saying,

The Court holds that when the Patient Protection and Affordable Care Act says “Exchange established by the State” it means “Exchange established by the State or the Federal Government.” That is of course quite absurd, and the Court’s 21 pages of explanation make it no less so.

As Scalia adds, “This case requires us to decide whether someone who buys insurance on an Exchange established by the Secretary gets tax credits. You would think the answer would be obvious—so obvious there would hardly be a need for the Supreme Court to hear a case about it.” The reason, he notes, is that the Secretary of Health and Human Services is not a State. So an Exchange established by the Secretary is not an Exchange established by the State.

“Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State,’” notes Scalia.

His summary statement is particularly damning,

Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.

According to Scalia, this case and the previous controversial Supreme Court decision on Obamacare (National Federation of Independent Business v. Sebelius), “will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.”

What happens now for Obamacare?

The Roberts Court has sent a clear message that Obamacare will not be undone by any court decision. If critics want to do away with it, they’ll have to have Congress repeal the law. Otherwise, it will continue to remain the law of the land.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Free Book Giveaway: Abraham Kuyper’s ‘Scholarship’
Christian’s Library Presshas just released a new translationof Abraham Kuyper’s Scholastica IandII,two convocation addresses delivered toVrije Universiteit(Free University) during his two years as rector (first in 1889, and then again in 1900). The addresses are published under the title Scholarship,and demonstrate Kuyper’s core belief that “knowledge (curriculum) and behavior (pedagogy) are embedded in our core beliefs about the nature of God, humanity, and the world,” as summarized by translator Nelson Kloosterman. To celebrate the release,CLP will be giving away three...
Real Charters Schools Needed in Kansas
A failed charter school and someone looking to start a charter school in Kansas can only look to Kansas City, Mo., and wonder what impact high-performing public charter schools may have for kids in the state. ...
It’s Tax Day: How Generous Do You Feel?
It’s tax day, and though I’m sure you’ve already begun your revelry, I suggest take a moment of silence to relish that warm, fuzzy feeling we get when pressured to pay up or head to the Big House. Indeed, with all of the euphemistic Circle-of-Protection talk bouncing around evangelicalism —reminding us of our “moral obligation” to treat political planners as economic masters and the “least of these” as political pawns —we should be jumping for joy at the opportunity. Nuclear...
Just Render Unto Caesar Already: The IRS and Frivolous Tax Arguments
In an attempt to trap Jesus, some Pharisees and Herodians asked him, “Is it lawful to pay taxes to Caesar, or not? Should we pay them, or should we not?” In response, Jesus said, “Why put me to the test? Bring me a denarius and let me look at it.” And they brought one. And he said to them, “Whose likeness and inscription is this?” They said to him, “Caesar’s.” Jesus said to them, “Render to Caesar the things that...
The Counterculture World Of Flannery O’Connor
Flannery O’Connor had a brilliant but short literary career. She died in 1964 at the age of 39 due plications from lupus, yet managed to leave behind a legacy of keen insight into the human condition of sin, in ways some considered repulsive. Her best known story, A Good Man is Hard to Find, is a morality tale of stiff adherence to “good.” O’Connor manages to turn upside-down the moral code of the seemingly “good” people in the story while...
If You Care About Income Inequality, Then Why Don’t You Support School Reform?
If you really care about e inequality, notes John Goodman, you need only focus on one thing — the inequality of educational opportunity: The topic du jour on the left these days is inequality. But why does the left care about inequality? Do they really want to lift those at the bottom of the e ladder? Or are they just looking for one more reason to increase the power of government? If you care about those at the bottom then...
7 Figures: Tax Day Edition
[Note: ‘7 Figures’ is a new, occasional series highlighting data and information from a variety of surveys and reports.] 1. The average federal tax rate for all households (tax liabilities divided by e, including government transfer payments) before taxes is 18.1 percent. 2. Households in the top quintile (including the top percentile) paid 68.8 percent of all federal taxes, households in the middle quintile paid 9.1 percent, and those in the bottom quintile paid 0.4 percent of federal taxes. (Quintiles...
The Fountainhead of Satanism
Over the past few years, Anton LaVey and his bookThe Satanic Biblehas grown increasingly popular, selling thousands of new copies. His impact has been especially pronounced in our nation’s capital. One U.S. senator has publicly confessed to being a fan of theThe Satanic Biblewhile another calls it his “foundation book.” On the other side of Congress, a representative speaks highly of LaVey and mends that his staffers read the book. A leading radio host called LaVey “brilliant” and quotations from...
Toxic Untruths About Diversity
Ross Douthat ofThe New York Times (and plenary speaker at Acton University 2014) talks about diversity and dishonesty, focusing on the recent resignation of Brendan Eich at Mozilla and the decision by Brandeis University to withdraw an honorary degree from human rights activist Ayaan Hirsi Ali. Douthat’s problem isn’t so much that these things happened; it’s that those charged with publicly discussing the issues seem so bent on lying. In both cases, Mozilla and Brandeis, there was a striking difference...
Instructions for Exile from the Book of Jeremiah
“For I know the plans I have for you,” declares the Lord, “plans to prosper you and not to harm you, plans to give you hope and a future.” –Jeremiah 29:11 Jeremiah 29:11isa popular verse among many of today’s Christians, as Evan Koons humorously points out in a new article at Q Ideas. “Christians love this verse,” he writes. “It has all the ideas and values we crave: prosperity, safety, security, hope, longevity. It’s the verse we most associate with...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved