king v burwell citation

§36B. So Congress adopted a coverage requirement to “minimize this adverse selection and broaden the health insurance risk pool to include healthy individuals, which will lower health insurance premiums.” Ibid. But while the meaning of the phrase “an Exchange established by the State under [42 U. S. C. §18031]” may seem plain “when viewed in isolation,” such a reading turns out to be “untenable in light of [the statute] as a whole.” Department of Revenue of Ore. v. ACF Industries, Inc., 510 U. S. 332, 343 (1994). The Court's decision upheld, as consistent with the statute, the outlay of premium tax credits to qualifying persons in all states, both those with exchanges established directly by a state, and those otherwise established by the Department of Health and Human Services. They do not wish to purchase health insurance. In their view, Virginia’s Exchange does not qualify as “an Exchange established by the State under [42 U. S. C. §18031],” so they should not receive any tax credits. Listed below are the cases that are cited in this Featured Case. In their view, an applicable taxpayer in such a State would be eligible for a tax credit—but the amount of that tax credit would always be zero. . Antonin Scalia, (born March 11, 1936, Trenton, New Jersey, U.S.—died February 13, 2016, Shafter, Texas), associate justice of the Supreme Court of the United States from 1986 to 2016, well known for his strong legal conservatism.He was the first Supreme Court justice of Italian ancestry. establish and operate such Exchange within the State.” §18041(c)(1). . Perhaps sensing the dismal failure of its efforts to show that “established by the State” means “established by the State or the Federal Government,” the Court tries to palm off the pertinent statutory phrase as “inartful drafting.” Ante, at 14. Laws often include unusual or mismatched provisions. Search for articles by this author, Nuala Moore 3. x. Nuala Moore. Id., at 14–15. What stops a federal Exchange’s report from confirming that no tax credits have been paid out? According to petitioners, however, those provisions are an empty promise in States with a Federal Exchange. See Affordable Care Act, §1253, redesignated §1255, 124 Stat. Petitioners challenged the IRS Rule in Federal District Court. Utility Air Regulatory Group v. EPA, 573 U. S. ___, ___ (2014) (slip op., at 19) (quoting Brown & Williamson, 529 U. S., at 160). Assn. 2015 King v. Burwell: What Does It Portend for Chevron’s Domain? . We have held that Congress “does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions.” Whitman v. American Trucking Assns., Inc., 531 U. S. 457, 468 (2001). So it does. . Cedrone, Michael J., "Supreme Silence and Precedential Pragmatism: King v.Burwell and Statutory Interpretation in the Federal Courts of Appeals" (2019).Georgetown Law Faculty Publications and Other Works. . If the statutory language is plain, the Court must enforce it according to its terms. its decision. (Understatement, thy name is an opinion on the Afford- able Care Act!) In Congress’s view, that coverage requirement was “essential to creating effective health insurance markets.” Ibid. . It thus makes perfect sense for “Exchange established by the State” to appear where it does, rather than where the Court suggests. 567 U. S., at ___–___ (principal opinion) (slip op., at 15–45). The Court interprets §36B to award tax credits on both federal and state Exchanges. It is common sense that any speaker who says “Exchange” some of the time, but “Exchange established by the State” the rest of the time, probably means something by the contrast. 1166 - MARX v. GENERAL REVENUE CORP.. 134 S.Ct. Found insideBoth historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two ... Example: Below is the full citation for a webpage without a listed author. But Chevron does not provide the appropriate framework here. This reasoning suffers from no shortage of flaws. . Why would a State get to control the contracting decisions of a federal Exchange? If you are citing a work that doesn't have an author you'll need to state part of the title in your in-text citation. . Track Citations. So when deciding whether the language is plain, the Court must read the words “in their context and with a view to their place in the overall statutory scheme.” FDA v. Brown & Williamson Tobacco Corp., 529 U. S. 120, 133. Petitioners and the dissent respond that the words “established by the State” would be unnecessary if Congress meant to extend tax credits to both State and Fed- eral Exchanges. Another study predicts that premiums would increase by 35 percent and enrollment would decrease by 69 percent. (b) When read in context, the phrase “an Exchange established by the State under [42 U. S. C. §18031]” is properly viewed as ambiguous. “A provision that may seem ambiguous in isolation is often clarified by the remainder of the statu- tory scheme . See National Federation of Independent Business v. Sebelius, 567 U. S. ___, ___ (2012) (Scalia, Kennedy, Thomas, and Alito, JJ., dissenting) (slip op., at 60) (“Without the federal subsidies . Although phrased as a requirement, the Act gives the States “flexibility” by allowing them to “elect” whether they want to establish an Exchange. The combination of no tax credits and an ineffective coverage requirement could well push a State’s individual insurance market into a death spiral. 14-114, 115 AFTR 2d ¶2015-841 While obtaining conflicting results in different Circuit Courts of Appeal on matters occurs from time to time, it’s not often the conflicting decisions are issued on the same day. establish and operate such Exchange within the State.” §18041(c)(1) (emphasis added). This problem arises repeatedly throughout the Act. The judiciary, on the contrary, has no influence over . §§8001–8002, 124 Stat. So without the tax credits, the coverage requirement would apply to fewer individuals. J.). establishes . 317 (2015). . For example, in 1993, the State of Washington reformed its individual insurance market by adopting the guaranteed issue and community rating requirements. The individuals who appeared in court as the plaintiffs are David King, Brenda Levy, Douglas Hurst and Rose Luck. The predicate for the dissent’s point is therefore uncertain at best.The dissent also notes that a different part of the Act “established a long-term-care insurance program with guaranteed-issue and community-rating requirements, but without an individual mandate or subsi- dies.” Post, at 14. §18041(b). 78, p. 465 (C. Rossiter ed. So it stands to reason that Congress meant for those provisions to apply in every State as well.4. ET AL. Under petitioners’ reading, the Act would not work in a State with a Federal Exchange. 9. The District Court dismissed the suit, holding that the Act unambiguously made tax credits available to individuals enrolled through a Federal Exchange. "Predicting the Fallout from King v. Burwell - Exchanges and the ACA." . The final rule interprets the Act as authorizing the IRS to grant tax credits to individuals who purchase health insurance on both state-run insurance "Exchanges" and federally-facilitated "Exchanges" created and operated by HHS. 576 U.S. ___ (2015). And it would be a lot fewer. 2427 - UTILITY AIR REGULATORY GROUP v. E.P.A.. 135 S.Ct. 162, 895; §§1401(e), 1501(d), id., at 220, 249. The phrase may be limited in its reach to State Exchanges. DAVID KING, et al., PETITIONERS v. SYLVIA BURWELL, SECRETARY OF HEALTH AND HUMAN SERVICES, et al. The Fourth Circuit viewed the Act as “ambiguous and subject to at least two different interpretations.” Id., at 372. . But oftentimes the meaning—or ambiguity—of certain words or phrases may only become evident when placed in context. A third provision requires an Exchange to report information about each insurance plan sold—including level of coverage, premium, name of the insured, and “amount of any advance payment” of the tax credit. 134 S.Ct. . Imagine that a university sends around a bulletin reminding every professor to take the “interests of graduate students” into account when setting office hours, but that some professors teach only undergraduates. And that consequence fed back into the first: As the cost of insurance rose, even more people waited until they became ill to buy it. By using the phrase “such Exchange,” Section 18041 instructs the Secretary to establish and operate the same Exchange that the State was directed to establish under Section 18031. King v. Burwell drew unusually wide attention for a tax case. King v. Burwell, 576 U.S. 473 (2015), was a 6-3 decision by the Supreme Court of the United States interpreting provisions of the Patient Protection and Affordable Care Act (ACA). It may truly be said to have neither force nor will but merely judgment.” The Federalist No. I have the opinion of the Court in case number 14-114 King v. Burwell. Make sure that the title is put in double quotes (" "). . 36B. After reading Section 36B along with other related provisions in the Act, we cannot conclude that the phrase “an Exchange established by the State under [Section 18031]” is unambiguous. 828–847 (2010). Lawmakers need not, and often do not, “write extra language specifically exempting, phrase by phrase, applications in respect to which a portion of a phrase is not needed.” Ibid. . But in every case we must respect the role of the Legislature, and take care not to undo what it has done. The Act authorizes “an Exchange established by the State” to make arrangements under which other state agencies “determine whether a State resident is eligible for [tax credits] under section 36B.” §1396w–3(b)(2). Even if that were not so, of course, its location would not make it any less clear. Today’s opinion changes the usual rules of statutory interpretation for the sake of the Affordable Care Act. The Court of Appeals for the Fourth Circuit affirmed. That would make the cost of buying insurance more than eight percent of their income, which would exempt them from the Act’s coverage requirement. Because the other provisions cited by the dissent are not at issue here, we do not address them. If true, these projections would show only that the statutory scheme contains a flaw; they would not show that the statute means the opposite of what it says. First of all, what makes the Court so sure that Congress “meant” tax credits to be available everywhere? In a State that establishes its own Exchange, these three reforms work together to expand insurance coverage. But in petitioners’ view, Congress made the viability of the entire Affordable Care Act turn on the ultimate ancillary provision: a sub-sub-sub section of the Tax Code. Over the next three years, premiums rose by 78 percent and the number of people enrolled fell by 25 percent. the purse; no direction . In addition to those reforms, the Act requires the creation of an “Exchange” in each State—basically, a marketplace that allows people to compare and purchase insurance plans. The Affordable Care Act adopts a version of the three key reforms that made the Massachusetts system successful. In addition, every time the Act uses the word “Exchange,” the definitional provision requires that we substitute the phrase “Exchange established under section 18031.” If Federal Exchanges were not established under Section 18031, therefore, literally none of the Act’s requirements would apply to them. And it provides that if a State does not comply with this instruction, the Secretary of Health and Human Services must “establish and operate such Exchange within the State.” §18041(c)(1). Of course not. Congress recognized that, without an incentive, “many individuals would wait to purchase health insurance until they needed care.” 42 U. S. C. §18091(2)(I). King v. Sebelius, 997 F. Supp. toward . But King doesn’t want that subsidy. . Pp. Just as one naturally reads instructions about graduate students to be inapplicable to the extent a particular professor has no such students, so too would one naturally read instructions about qualified individuals to be inapplicable to the extent a particular Exchange has no such individuals. The Supreme Court's decision in King surprised many people, not because of its outcome but because, even as the Court ultimately agreed with the IRS's interpretation of the statute, the Court expressly denied the IRS Chevron deference. Petitioners argue that a  Federal Exchange is not “an Exchange established by the State under [42 U. S. C. §18031],” and that the IRS Rule therefore contradicts Section 36B. Utility Air Regulatory Group v. EPA, 573 U. S. ___, ___ (2014) (slip op., at 15) (internal quotation marks omitted). Chief Justice John G. Roberts, Jr. delivered the opinion for the 6-3 majority. In addition to those three reforms, the Act requires the creation of an “Exchange” in each State where people can shop for insurance, usually online. State-by-State Effects of a Ruling for the … King v. Burwell, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL 576 U.S. ___ (2015) United State District Court OF eastern District of Virginia, United States Court of Appeals for the Fourth Circuit, Supreme Court. But the Act clearly contemplates that there will be qualified individuals on every Exchange. Surely not. Found insideThis legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. As they see it, one of the Act’s three major reforms—the tax credits—would not apply. Letter from G. Cohen, Director of the Center for Consumer Information and Insurance Oversight, to S. Igisomar, Secretary of Commerce of the Commonwealth of Northern Mariana Islands (July 12, 2013). One study predicts that premiums would increase by 47 percent and enrollment would decrease by 70 percent. There is no need to rewrite the term “State that established the Exchange” in the definition of  “qualified individual,” much less a need to rewrite the separate term “Exchange established by the State” in a separate part of the Act. Argued March 4, 2015—Decided June 25, 2015 * State Party of the In this updated edition of Health Care Reform and American Politics: What Everyone Needs to Know(R), Lawrence R. Jacobs and Theda Skocpol - two of the nation's leading experts on politics and health care policy - provide a concise and ... King . Least convincing of all, however, is the Court’s attempt to uncover support for its interpretation in “the structure of Section 36B itself.” Ante, at 19. The Act gives each State the opportunity to establish its own Exchange, but provides that the Federal Government will establish the Exchange if the State does not. But seven times? Case Citation. Recommended Citation Antonio F. Perez,The Subsidy Question inKing v. Burwell—A Federalist Response to Crony Capitalism, 23U. King v. Burwell, 576 U.S. ___ (2015), was a decision by the Supreme Court of the United States interpreting provisions of the Patient Protection and Affordable Care Act (ACA). The Colonial Virginia Register. Women in particular stand to benefit from these additional preventive health services. Clinical Preventive Services for Women reviews the preventive services that are important to women's health and well-being. King v. Burwell is a challenge to the ACA. services to both qualified individuals and qualified small employers,” rather than creating separate Exchanges for those two groups).1. 574 U. S. ___ (2014). True enough. (Impossible possibility, thy name is an opinion on the Affordable Care Act!) The Act also bars insurers from charging higher premiums on the basis of a person’s health. No one suggests, for example, that the first-time-homebuyer tax credit, §36, is essential to the viability of federal housing regulation. The phrase may be limited in its reach to State Exchanges. I wholeheartedly agree with the Court that sound interpretation requires paying attention to the whole law, not homing in on isolated words or even isolated sections. Dewbre, Jordan (2016) "The Significance of King v. If we import that definition  into Section 18041, the Act tells the Secretary to “establish and operate such ‘American Health Benefit Exchange established under section 18031.’ ” That suggests that Section 18041 authorizes the Secretary to establish an Exchange under Section 18031, not (or not only) under Section 18041. Scalia cited differences between where the document identifies how the different … What are the odds, do you think, that the same slip of the pen occurred in seven separate places? As explained earlier, the coverage requirement applies only when the cost of buying health insurance (minus the amount of the tax credits) is less than eight percent of an individual’s income. At any rate, the provisions cited by the Court are not particularly unusual. Even if it were true that the term “such Exchange” in §18041(c) implies that federal and state Exchanges are the same in general, the term “established by the State” in §36B makes plain that they differ when it comes to tax credits in particular. The Court finds it strange that Congress limited the tax credit to state Exchanges in the formula for calculating the amount of the credit, rather than in the provision defining the range of taxpayers eligible for the credit. And a second major reform—the coverage requirement—would not apply in a meaningful way. Would anybody say that a federal election law and a state election law are in all respects equivalent? Congress did not, by the way, repeat “Exchange established by the State under [§18031]” by rote throughout the Act. Ibid. Congress made the guaranteed issue and community rating requirements applicable in every State in the Nation, but those requirements only work when combined with the coverage requirement and tax credits. or by HHS,” 45 CFR §155.20 (2014). Second, the Act generally requires 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 income. . In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from ... Given the relationship between these three reforms, the Act provided that they should take effect on the same day—January 1, 2014. 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