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)
Jan 19, 2026 4:17 AM

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
Samuel Gregg on ‘Pope Francis’s Money Man’
Over at Real Clear Religion, Acton’s director of research, Samuel Gregg discusses Pope Francis’s recent appointment of Cardinal George Pell to “Secretariat of the Economy.” The secretariat has authority over the economic activities of the Vatican City State and the Holy See. Gregg explains his take on Cardinal Pell and this appointment: It may well turn out to be the greatest challenge of his priestly life. You don’t need to watch the Godfather Part III to know that the Catholic...
Uber Cab Driver: ‘I Feel Emancipated’
On-demand ride-sharing services such as Uber and Lyft are on the rise, allowing smartphone users to request cab drivers with the touch of a button. But though the services are popular with consumers and drivers alike, they’re finding less favor among their petitors and the unions and government bureaucrats who protect them. Calling for increased regulation, entrance fees, and insurance petitors are grappling to retain their privileged, insulated status. In Miami-Dade County, an area with particularly onerous restrictions and regulations,...
Explainer: What’s Going on in Venezuela?
What’s going on in Venezuela? A wave of anti-government demonstrations has been sweeping through Venezuela since early February. There have been at least 13 people been killed, 150 injured, and over 500 arrested. Where exactly is Venezuela? Venezuela is a country on the northern coast of South America that borders Columbia, Brazil, and Guyana. The Caribbean Sea is along the northern border. The country, which is nearly twice the size of California, is is one of the ten most biodiverse...
And Here I Thought Bullying Was Wrong: Gary Peters Bullies Cancer Patient, TV Stations
The Department of Health and Human Services, under the direction of Kathleen Sebelius and the Obama administration, has a website aimed at stopping bullies: StopBullying.gov. While it has pages for parents, kids, educators and munity members, it apparently needs to add a page for politicians. Michigan resident Julie Boonstra is currently featured in a mercial funded by Americans for Prosperity. Boonstra suffers from leukemia, and lost her health insurance due to the Affordable Care Act. She calls out Democratic Senate...
Can We Equate Sexuality With Race?
At The Gospel Coalition, Joe Carter (Senior Editor for the Acton Institute) does some speculating on whether or not “gay is the new black.” That is, can we equate sexual behavior and race when we are discussing questions about equality, marriage, adoption, and discrimination? By now, most of us are familiar with the issues surrounding Christian business owners (such as bakers and photographers) who have declined to do business for a homosexual wedding. Our nation is currently struggling with whether...
The Crazy Alternative Lifestyle of Marriage and Children
I have five kids. I thought I was sane, but apparently, I’m living a crazy alternative lifestyle. Freestyle halfpipe skier David Wise won gold at Sochi. NBC, rather than being impressed with his world-class athleticism, focused on his “alternative lifestyle.” You see, Wise is married to Alexandra, and they have a young son. Wise is also considering ing a pastor. San Diego Chargers quarterback Phillip Rivers has had his critics in terms of his play, but there are also critics...
What Does Dr. Ben Carson Prescribe For America?
In 2012, Dr. Ben Carson, former head of pediatric surgery at John Hopkins Hospital, rose to media attention at the National Prayer Breakfast in Washington, D.C. During that speech, he told the audience, including President and Mrs. Obama, that he didn’t mean to offend anyone, but he wasn’t going to be “politically correct,” either. Since then, Dr. Carson has been a regular contributor to The Daily Caller. He recently spoke in Sikeston, Missouri, and gave his prescription for what ails...
Orthodoxy and Ordoliberalism
Today at Red River Orthodox, I offer a brief introduction to the liberal tradition for Orthodox Christians living in the West: Liberalism, historically, is a broad intellectual tradition including a large and disparate group of thinkers. The epistemological differences between John Locke, David Hume, and Immanuel Kant do not stop them all from being liberals. In economics the range extends from Friedrich Hayek to John Maynard Keynes. In political philosophy, from John Rawls to Robert Nozick. For that matter, both...
Justice Scalia: Good Government Needs Religion
Speaking on February 14 at a Chicago event celebrating George Washington’s Birthday, U.S. Supreme Court Justice Antonin Scalia’s headline remark was his insistence that Chicago-style pizza is “not pizza.” But Scalia focused heavily on the abysmal state of civic education, which not surprisingly, includes law students as well. Over at the Liberty Law Blog, Josh Blackman, offers some excellent highlights of Scalia’s words from the event. On the relationship between religion and good government, Scalia declared: Let me make clear...
Why You Shouldn’t Support Both Amnesty and Minimum Wage Increases
People face tradeoffs. To get one thing that we like, we usually have to give up another thing that we like. That principle is one of the most basic in economics — and yet the most frequently ignored when es to public policy. A prime example is the tradeoff that is required on two frequently debated political issues: immigration reform and minimum wage laws. Many of the same people who support increasing the minimum wage also support increased immigration and...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved