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Affordable Care Act Case Study

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Remaining Challenges to the ACA after King v. Burwell The Affordable Care Act (ACA) has survived both constitutional and statutory challenges which reached the United States Supreme Court. But opponents of the law are far from defeated. A large number of cases are still pending throughout the country. Exceeding Presidential Authority Arguably, the most significant threat to the ACA is a case called House v. Burwell. This case was brought by the Speaker for the U.S. House of Representatives (“House”), John Boehner, on behalf of the House. In House, the plaintiff (the party that brought the case) made two claims. The first is that President Obama exceeded his authority as President when he delayed enforcement of the ACA’s employer mandate. This mandate requires large employers to provide health insurance coverage for a certain percentage of full-time employees or face a penalty from the Internal Revenue Service (IRS). …show more content…

These “cost-sharing reductions” are not the same subsidies that were at issue in King v. Burwell, which decided that certain tax credits would remain available for eligible Americans regardless of which Marketplace (state or Federally-facilitated) was used to purchase health insurance. “Cost-sharing reductions” help individuals pay for out-of-pocket costs by reducing cost-sharing (deductibles, copayments, etc) on health insurance plans. These reductions are available to individuals whose income is between 100% and 250% of the federal poverty line and who sign up for insurance through a Marketplace. House v. Burwell is still pending at the lowest level of the federal court system. The Judge assigned to the case has not yet ruled on whether the plaintiffs should be allowed to bring the case at all (called

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