The Obamacare Legal Saga Continues

Jonathan Cohn: “If you thought we were done with legal challenges to Obamacare, think again.”

“Sometime soon, maybe even today, we’ll get some news about a new wave of lawsuits [against Obamacare tax credits] working its way through the federal court system … They are the brainchild of Michael Cannon, a health policy expert at the Cato Institute, and Jonathan Adler, a law professor at Case Western University.”

“However the ruling goes, it is unlikely to end the legal saga. If the federal government loses, it’s sure to appeal to the full D.C. Circuit, where a majority of Democratic appointees would be more likely to reject the lawsuit. Meanwhile, another Circuit panel heard the other appeal. Its judges appeared to be more hostile to the plaintiffs. Two other cases are working their way through different judicial avenues. Eventually one or all of the lawsuits could come before to the Supreme Court. It’s hard for me to imagine the case getting that far, let alone prevailing. But it’s not quite impossibleand that’s unsettling.”

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