Sorting out the new challenges to Obamacare

As a new year starts in Washington, a different set of challenges could be on the horizon for the Affordable Care Act or Obamacare.

 

Last month, the Supreme Court accepted two cases that contest the power of Congress to compel for-profit companies, with religious convictions, to provide birth control insurance to its employees or pay a fine. The Justices will hear the Hobby Lobby and Conestoga Wood cases in March 2014.

 

And earlier this week, the Supreme Court turned away Liberty University’s attempt to overturn a key part of the health care law: the employer mandate. Liberty also had sought review of new challenges to the individual insurance mandate.

 

But those three cases aren’t the only ones in the pipeline of legal challenges to the Affordable Care Act.

 

On Tuesday, a judge in the US District Court for the District of Columbia heard arguments in the case of Halbig v. Sebelius, which is one of several state-based challenges.

 

Plaintiffs in the case say that when Congress wrote the Affordable Care Act, it said that premium subsidies for consumers would be available for certain qualifying citizens who were “enrolled through an Exchange established by the State.”

 

However, almost three dozen states declined to set up their own health care exchanges, leaving that work up to the federal government. The plaintiffs believe a strict interpretation of the law would prevent anyone in those 34 states from receiving subsidies to buy health insurance, which would place a burden on consumers, and that the IRS should block the law until the dispute is resolved.

 

Another legal protest that may reach the Justices in coming months is a claim, now under review by a federal appeals court in Washington, that the penalty provision that the Supreme Court upheld last year is itself unconstitutional under the Origination Clause, which holds that all bills for raising revenue “shall originate in the House.”

 

The argument in Sissel v. U.S. Department of Health and Human Services is that this provision is invalid because it originated in the Senate.   A federal judge blocked that claim, on procedural grounds.

 

As part of that lawsuit, the challenging lawyers are contending that the individual mandate was explicitly not upheld by the Supreme Court last year, so it is open to different opposing arguments.

 

Joining us to discuss these issues and other challenges to the law are two of the nation’s leading experts on the subject.

 

Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law & Regulation at the Case Western Reserve University School of Law. Along with the CATO Institute’s Michael Cannon, he was argued extensively against the ACA.

 

Simon Lazarus is Senior Counsel to the Constitutional Accountability Center. Before joining CAC, Si was Public Policy Counsel to the National Senior Citizen Law Center. He also has written extensively about the Affordable Care Act, and testified about it before Congress.

 

You can listen to the entire podcast below, or click here to download the audio.

 

More from

Immigration and Citizenship
June 25, 2026

CAC Release: Supreme Court Misunderstands Immigration Law—and the Presumption of Extraterritoriality—in Decision about Asylum-Seekers at the Border

WASHINGTON, DC – Following the Supreme Court’s decision this morning in Noem v. Al Otro...
By: Smita Ghosh
Access to Justice
June 23, 2026

CAC Release: In Deeply Disappointing Decision, Supreme Court Ignores Ordinary Meaning of Statute and Denies Victims of Torture Their Day in Court

WASHINGTON, DC – Following today’s decision at the Supreme Court in Cisco Systems v. Doe,...
By: Harith Khawaja
Rule of Law
June 23, 2026

CAC Release: Supreme Court Decision on Excessive Fines Clause Reaches the Wrong Result, But Gets the Standard Right

WASHINGTON, DC – Following today’s decision at the Supreme Court in Pung v. Isabella County,...
By: Brianne J. Gorod
Access to Justice
June 23, 2026

CAC Release: Supreme Court’s Conservative Supermajority Undermines Important Right Created by Congress

WASHINGTON, DC – Following today’s decision at the Supreme Court in Landor v. Louisiana Department...
By: Brianne J. Gorod
Rule of Law
June 22, 2026

The Supreme Court Is About to Decide Four Cases Defining Trump’s Power

The Wall Street Journal
CAC President Elizabeth Wydra spoke to the Wall Street Journal about the major decisions left...
Rule of Law
June 21, 2026

Trump DOJ in CRISIS MODE

Legal AF
CAC Vice President Praveen Fernandes joined the Legal AF podcast to discuss Todd Blanche's nomination...